SENBAGAVALLI Vs. SAMBANDAM @ THIRUGNANASAMBANDAM

JUDGEMENT

(1.) The present appeal is preferred by the plaintiff in O.S.No.41 of 2010 on the file of the Principal Sub-Court, Mayiladuthurai, allowing a Pauper Original Petition No.13 of 2012 Vide its order dated 21.07.2015.

(2.) The brief facts that are necessary for the current purpose is that: The appellant herein has laid the suit for specific performance and had obtained a decree. Challenging the decree, the defendants preferred an appeal as indigent persons, requiring the Court to declare them as indigent persons. They filed P.O.P.No.13 of 2012. Vide order dated 08.01.2012, the District Court, Nagapattinam, has allowed the petition. The appellant herein, challenged the same in C.M.A.No.2219 of 2013, essentially on the ground that the Government Pleader was not heard in the matter. This Court vide its order dated 05.07.2013, accepted the contention of the appellant and set aside the matter and remanded it back to the District Court, Nagapattinam.

(3.) After remand, the Tahsildar has filed a report, wherein he had said that the petitioners possessed family properties in Sannanallur Village, Nagapattinam District. However, no specific details of the said properties were given in the petition. After considering the evidence before it, the District Court allowed the petition.