JUDGMENT :

MANOJ MISRA, J.

1. Leave granted.

2. This is defendants’ appeal against the order of the Madurai Bench of Madras High Court (in short ‘the High Court’) dated 12.09.2017, passed in C.R.P. (NPD) (MD) No. 1342 of 2007, by which the revision of the plaintiff-respondent was allowed, the order dated 20.12.2006 passed by the court of First Additional Sub Court, Tirunelveli in I.A. No. 207 of 2001 in O.S. No. 276 of 1992 was set aside, I.A. No. 207 of 2001 was allowed and the decree dated 21.11.1996 passed in O.S. No. 276 of 1992 was modified.

Factual Matrix

3. The respondent instituted an Original Suit (in short “O.S.”) No. 276 of 1992 for declaring her as the exclusive owner of the property described in the second schedule of the plaint. Additionally, possession of the said property was sought. In the alternative, it was prayed that, if the court concludes that she is not the exclusive owner of the property, her share therein be declared one-sixth and the same be partitioned accordingly.

4. The plaint case is that the suit property was of plaintiff’s grandmother Fathima Beevi, which the plaintiff purchased from her vide sale-deed dated 14.11.1990; the first defendant (i.e. the app