JOSEPH SAM Vs. MRS KANNAMMAL

JUDGEMENT

(1.) THIS civil revision petition is directed against the fair and decretal order dated 3.7.1996 made in I.A.No.9764 of 1996 in O.S.No.1415 of 1993 by the I Assistant Judge, City Civil Court, Madras thereby dismissing an application filed by the revision petitioner herein under O.7, Rule 11 of the Code of Civil Procedure, 1908 with costs.

(2.) THE original suit in which the above application came to be filed by the defendant to the suit is of the year 1993 and this application has come to be filed by the defendant three years after the institution of the suit and when the suit was on trial. THE original suit has been filed by the respondent herein for declaration to the effect that the plaintiff has perfected her title by way of adverse possession in respect of the suit properties and further to declare that the judgment and decree passed in R.C.O.P.No.4229 of 1982 is null and void.

(3.) DURING arguments, the learned counsel for the revision petitioner would contend that R.C.O.P.No.4429 of 1982 had been filed by the revision petitioner herein for eviction of the main tenant; that the respondent is only a sub-tenant and hence the said R.C.O.P. was allowed; that the appeal filed by the respondent herein got dismissed and the civil revision petition filed by the respondent herein in C.R.P.No.1136 of 1992 has also been dismissed; that the respondent herein filed the suit in O.S.No.1415 of 1993 for declaring that she has perfected her title by adverse possession and further declaring that she is the owner of the superstructure of the house bearing Door No.20, Brindavanam 4th Street, Chetput, Madras-31 and for permanent injunction restraining the petitioner herein from interference with her peaceful possession and enjoyment of the suit property and further declaring that the judgment and decree passed in R.C.O.P.No.4429 of 1982 dated 22.4.1988 is null and void.