LAWS(MAD)-2009-1-60

L SIVALINGAM Vs. S K MARIAPPAN

Decided On January 07, 2009
L.SIVALINGAM Appellant
V/S
S.K. MARIAPPAN Respondents

JUDGEMENT

(1.) (Prayer: This civil revision petition is preferred against the order dated 4.1.2008 passed in I.A.No.1591 of 2007 in I.A.No.1891 of 2005 in O.S.No,2444 of 2004, by the First Additional Munsif, Salem.) Anim adverting upon the order dated 4.1.2008 passed in I.A.No.1591 of 2007 in I.A.No.1891 of 2005 in O.S.No,2444 of 2004, by the First Additional Munsif, Salem, this civil revision petition is focussed.

(2.) A 'resume' of facts, which are absolutely necessary and germane for the disposal of the civil revision petition would run thus: The respondents/plaintiffs herein filed the suit in O.S.No,2444 of 2004 seeking the following reliefs:

(3.) THE learned counsel for the revision petitioner, placing reliance on the grounds of revision, would put across his point that the very Commissioner's report, which is found enclosed in the typed set of papers, would reveal that the current Field Measurement status is not available neither the Village Administrative officer nor the Surveyor could furnish any Revenue Record, highlighting the respective rights of the parties over the suit property the report already submitted by the Advocate Commissioner is not based on any Revenue Record, but it only reflects the physical features and nothing more unless the Commissioner revisits and measures the respective properties, based on the antecedent title deeds, no solution could be arrived at.