AATHI CHETTIAR Vs. P VAIKUNTAVALLI

JUDGEMENT

(1.) This civil revision petition is filed by the Defendant against the fair and decreetal order dated 3.7.2009 passed in LA. No. 203 of 2009 in O.S. No. 50 of 2008 by the I Additional District Munsif, Tirunelveli.

(2.) The brief facts that are essential for the disposal of this civil revision petition are given below: The respondents/plaintiffs have filed the above said suit for recovery of possession of the suit property from the petitioner. In the Written Statement, the petitioner has pleaded that the plaint has not been properly valued. He has filed an application in LA. No. 203 of 2009 praying for a preliminary enquiry into the aspect of valuation and consequently the pecuniary jurisdiction of the trial Court to take up the matter. During enquiry in the said application, the petitioner has marked the sale deed dated 21.5.2008 as Exhibit A-l executed by the respondents in favour of one Balan Nadar for sale consideration of Rs. 4 lakhs and the same had been admitted by the 2nd respondent while he was confronted with the said sale deed. On the other hand, Exhibits B-7, B-8 and B-12 were filed on the side of the respondents to show that the suit lands were described in the revenue records only as punja lands and Exhibit B-13 to B-15 are the patta pass book for the suit lands and the kist receipts are Exhibit B-16. The trial Court after considering the materials placed on both sides dismissed the said application. Aggrieved by the same, this civil revision petition has been filed by the defendant.

(3.) Prior to this proceedings, the petitioner had filed a suit in O.S. No. 61 of 1986 for specific performance of the agreement dated 26.1.1983 and the same was dismissed by the judgment and Decree dated 31.7.1992. The petitioner filed an appeal in A.S. No. 128 of 1992 and the same was allowed, as against which second appeal was filed by the predecessor of the respondents in S.A. No. 1683 of 1995. Pending the appeal, before an order of stay could be granted by the Court, the sale deed was executed and pursuant to the decree, patta was transferred in the name of the defendants and the defendants made improvements by putting up two houses, dug a well and planted trees. In the mean while S.A. No. 1683 of 1995 was transferred to the Madurai Bench and was allowed by the judgement dated 21.11.2007. Hence, the respondents/plaintiffs have filed the present suit for recovery of possession of the suit lands assessing the value on the basis of 30 times of kist paid to the nanja lands.