ARASAMMAL Vs. PERIASHOLA ESTATE PRIVATE LIMITED

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 02.08.2006 made in C.M.A.No.9 of 2005 on the file of the Court of the Subordinate Judge of the Nilgiris at Uthagamandalam, reversing the order and decreetal dated 12.09.2005 made in I.A.No.177 of 2005 in O.S.No.86 of 2005 on the file of the Court of the District Munsif, Gudalur, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) WHEREAS, the learned counsel for the respondent/plaintiff would put across his argument to the effect that based on a valid agreement to sell, the plaintiffs have been in possession and enjoyment of the entire extent of the suit property and in fact the said agreement covers even that 8.33 cents of land in which the revision petitioners have put up a shed for their residence and enjoyment; at no point of time either Putumathan or the revision petitioners enjoyed an extent of 8.33 acres and they had not cultivated any coffee. Accordingly, he prayed for the dismissal of the revision petition.