KANNAIYAR Vs. SELVI

JUDGEMENT

(1.) This revision petition is filed by the plaintiffs in the suit challenging the order, dismissing the application to appoint Advocate Commissioner to measure the suit property.

(2.) The suit is filed for declaration and for consequential permanent injunction. According to the plaintiffs, the property was purchased by their father in Survey No.41/1 of an extent of 1 acre, on 15.06.1972, out of larger extent with specific boundaries. The sale deed is also marked along with the plaint. Out of the said 1 acre, it is stated that the plaintiffs had sold 0.62 cents of land on 12.03.1990 with specific boundaries. The said purchaser Periasamy also had sold the same to one Alamelu. The balance 0.38 cents of land continued to remain in the possession of the plaintiffs.

(3.) While so, the first defendant has filed written statement stating that it is jointly owned by few others along with the plaintiffs and the defendants. Subsequently, revenue records were changed in the name of the defendants and they are in possession of the property. According to the defendants, there is no such survey number as 41/1, as the said survey number was sub-divided long back. Therefore, the plaintiffs decided to file an application to appoint a Commissioner to measure the suit property as per the sale deeds dated 15.06.1972 and also 12.03.1990, and to note down the physical features of the suit property with the help of a qualified surveyor.