P.MUSABUKANI Vs. P.KADHAR SULTHAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the fair and decreetal order dated 07.10.2014, passed in I.A.No.73 of 2014 in O.S.No.89 of 2013 by the learned District Munsif, Mudhukulathur, Ramanathapuram District.

(2.) The petitioner, who is the brother of the respondent, is the defendant and the respondent is the plaintiff in the suit in O.S.No.89 of 2013 on the file of the District Munsif Court, Mudhukulathur, Ramanathapuram District. The respondent filed the suit for recovery of possession. The petitioner filed I.A.No.73 of 2014 under Order VII Rule 11 C.P.C. to reject the plaint. According to the petitioner, his father and the respondent settled the property on him by Inam settlement on 05.04.1982 and from that date, the petitioner is in possession and enjoyment of the property. The entire revenue records stand in the name of their father only. The respondent did not file suit, when the father of the petitioner was alive. After 31 years, the respondent has filed the suit for recovery of possession. As per Article 65 of the Limitation Act, there is no cause of action arose for the suit.

(3.) The respondent/plaintiff has filed counter affidavit stating that he was working in Abroad and sent money to his father. From and out of the said money, the respondent's father celebrated the marriage of his sisters and brothers. The petitioner was not earning any amount. By threatening his father, the petitioner got Inam settlement in his favour. On coming to know about the same, the respondent and other legal heirs of his father, gave a complaint to Jamath on 20.03.1983. The Jamath cancelled the Inam settlement and the property was partitioned among all the legal heirs of their father. The suit property was allotted to the respondent and he is the owner of the suit property and was in possession and enjoyment of the same. Within three years prior to filing of the suit, the petitioner trespassed into the suit property and the respondent has filed the suit for recovery of possession within 12 years prescribed by the Limitation Act.