BABU @ ANTOINE Vs. LILY @ UMA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 21.01.2015 made in I.A.No.15 of 2013 in un-numbered A.S.No.Nil of 2013 on the file of the Principal District Court, Pondicherry.

(2.) The petitioner is the plaintiff and respondent is the defendant in O.S.No.102 of 2002 on the file of the Additional Sub Judge, Pondicherry. The petitioner filed the said suit for declaration to declare that the suit property belongs to him and he is the absolute owner of the property and for recovery of possession. The said suit was decreed and respondent filed appeal, along with I.A.No.15 of 2013 for permission to file and prosecute the appeal as indigent person. The petitioner filed counter affidavit and contended that the respondent is owning a vacant plot comprising in T.S.No.41, R.S.No.74/9, measuring 59 sq.meter or 635 sq.feet at Vaithikuppam, Pondicherry. It is worth Rs.14,09,700/-. The petitioner also contended that the respondent has sufficient means to pay the Court fee. Her son, Kirubhakaran is working in France since 2009 and is earning two lakhs per month and he is sending money regularly to his mother. The respondent is working in French Library and is getting Rs.15,000/- per month. Before the learned Judge, along with the counter affidavit, the petitioner filed certified copy of the sale deed dated 11.09.1996 in favour of the respondent, Encumbrance Certificate dated 13.09.2013 and the photocopy of the Government guideline value dated 108.2013.

(3.) The learned Judge considering the averments in the affidavit, counter affidavit and the letter dated 21.08.2014 from the Government of Pondicherry, Office of the District Collector, addressed to the Government Pleader, allowed the application.