S SAMUDRA PAUL Vs. R RAJA

JUDGEMENT

(1.) The revision petitioners are the defendants in O.S.No.295 of 2009 on the file of the learned Principal District Munsif Court, Nagercoil and in the suit, the plaintiff/respondent herein sought for the relief of permanent injunction etc. The revision petitioners herein also filed a suit in O.S.No.700 of 2009 seeking for the relief of declaration, permanent injunction, etc. The Trial Court, by common judgment, had dismissed the suit filed by the petitioners herein and allowed the suit filed by the respondent herein. Aggrieved by the dismissal, the revision petitioners filed I.A.No.166 of 2014 in A.S.SR.No.530 of 2014 before the learned Principal Subordinate Judge, Nagercoil with the prayer to condone the delay in preferring the appeal and the said application was dismissed on the ground that no proper reasons have been assigned in approaching the Court. Challenging the said order, the petitioners are before this Court.

(2.) It is the case of the revision petitioners that their grandfather constructed a house by using two cents of land and he had executed a gift deed in favour of the father of the revision petitioners on 18.12.1998 in respect of certain portion of the land, thus, the petitioners and his father became the absolute owners of the property in question. While so, the respondent herein, by way of a forged document, which was also obtained by way of coercion and threat, claimed the rights over the property. It is the further case of the revision petitioners that mere mutation in revenue records alone will not entitle the respondent to claim rights over the property and the respondent also attempted to trespass into the property and had stealthily taken away coconuts from their land.

(3.) The revision petitioners state that the alleged sale deed produced by the respondent herein had already been cancelled and therefore, the plaintiffs are the absolute owners of the property by means of gift deed. It is further stated that since there was an error committed by the Trial Court, the plaintiffs sought to file an appeal against the decree on account of existence of valid grounds to assail the decree and judgment, with a delay of 230 days. The delay had occurred due to some unavoidable circumstances, as they were in employment as Masons in Kerala. However, the Appellate Court, without properly appreciating the facts and circumstances, has simply dismissed the application instead of condoning the delay. Contending that the order of the Appellate Court is per se illegal, it is prayed that the order is liable to be set aside.