MARIA SOOSAI Vs. ESAKKIAMMAL

JUDGEMENT

(1.) REVISION is filed under Art.227 of the Constitution of India against the filing of O.S.No.33 of 1998, on the file of Sub Court, Tirunelveli.

(2.) REASON for filing the revision is, that as between parties, there was an earlier litigation which has been confirmed by this Court, and in spite of the same, defendant therein has ventured to file the present suit, which is an abuse of process. They pray that O.S.No.33 of 1998 may be struck off the file.

(3.) THE matter was taken to this Court in Second Appeal No. 1329 of 1992. I dismissed the Second Appeal. I held that the oral gift pleaded was true and possession also passed in favour of petitioners" father and they were in possession till 1983. I also found that the title, if any, of the defendant or her predecessor is also barred by limitation and adverse possession, and the plaintiffs have perfected title to the property. While discussing the factum of possession, I also held that when patta was granted by the Inam Estate authorities, the same could have been granted only on the basis of possession, and that is also relevant piece of evidence.