LAWS(MAD)-1988-1-21

NATESAN Vs. GOVINDASAMI

Decided On January 21, 1988
NATESAN Appellant
V/S
GOVINDASAMI Respondents

JUDGEMENT

(1.) BY concent of parties, the civil revision petition itself is taken up for final disposal.

(2.) THIS revision petition is directed against the order passed in I.A. 840 of 1987 in O.S.No.2 of 1985 on the file of the District Munsif's Court, Ariyalur. The petitioners herein filed the suit in O.S.No.2 of 1988 for declaration of their title and for consequential relief of injunction. The suit was resisted by the defendants-respondents contending that they are in possession of the property and they have prescribed title to the suit property by adverse possession. It appears that after the suit was taken up for trial, the plaintiffs came forward with the petition in I.A.No.840 of 1987 under 0.6, R.17, Civil Procedure Code to amend the plaint seeking the relief of possession in the place of the relief of injunction. It was resisted by the defendants on the ground that the application is belated and there is absolutely no bona fides in the application.