ADAMMAL Vs. POOSARI VELLAYA GOUNDER

JUDGEMENT

(1.) Defendants are the petitioners. The first respondent plaintiff filed the suit for declaration of title and permanent injunction in O.S. No. 1314 of 1986 on the file of the District Munsif Court, Salem on 26-10-1986. The defendants filed the written statement on 5-1-1987.

(2.) On the application filed by the plaintiffs, the respondents herein, an Advocate Commissioner was appointed by the Court to go to the spot and make an inspection and file a report. Accordingly, on 13-8-90, the Commissioner, after inspection of the suit property in the presence of the parties and counsel, filed a report along with two Plans, marked as A and B.

(3.) Objecting to the said report, petitioners/defendants filed a petition on 28-8-90 requesting to remit the report to the same Commissioner for submitting an additional report on (a) girth of all the trees mentioned in his report; (b) age of all the trees mentioned in his report and (c) the area of S. No. 61/B in the possession of the plaintiff excluding the disputed portion shown in his plan B in red lines.