R.P. RATHINAM Vs. RENGAMANI

JUDGEMENT

(1.) This revision petition is filed to set aside the order dtd. 22/12/2009 passed by the learned District Munsif Court, Lalgudi, in I.A. Nos. 614 and 615 of 2007 in O.S. No. 1252 of 1995 to condone the delay of 1363 days in filing the petition to set aside the exparte decree under Sec. 5 of the Limitation Act and to set aside the exparte decree under Order 9 Rule 13.

(2.) The 1st petitioner / 1st defendant is a government servant working as a noon meal organiser which is a transferable post. The 2nd petitioner/ 2nd defendant is the wife of the 1st petitioner and claims possession of the suit property in O.S. No. 1252 of 1995. The 3rd petitioner/3rd defendant is the tenant at the suit property. The respondent is the decree holder in O.S. No. 1252 of 1995.

(3.) The dispute in the O.S. No. 1252 of 1995 is that the 2nd petitioner claims purchase of the suit property from the respondent during 1987 while the respondent denies sale of the land to the 2nd petitioner and claimed to have given the suit property in license/lease. The 2nd petitioner shows the building of a house in the suit property with EB Connection and property tax paid in her name in support of her claims. The respondent challenges any sale document to be a forged one.