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2005 Supreme(Mad) 905

R.BANUMATHI
Ellen – Appellant
Versus
P. L. Chockalingam – Respondent


Advocates Appeared:For The Petitioner:R.N.Amarnath, Advocate. For The Respondent:D. Moorthy, L.J. Krishnamoorthy, Advocates.

Judgment :-

These Revisions are directed against the impugned orders passed by the XVII Assistant Judge, City Civil Court, Chennai, allowing the amendment application, re-opening the case for additional evidence and allowing the application to amend the Plaint regarding the valuation. Since common points for consideration arise in all the three revisions, all three revisions were taken up together for hearing.

2. For appreciation of the contentious points, it is necessary to refer to the brief facts :-

O.S.No.2837/1996 was filed by the Respondent/ Plaintiff relating to house at D.No.3, Thiruvalluvar Nagar, II Street, Kottur. Case of the Plaintiff is that his father Palaniappa Chettiar had purchased the suit property and other items of properties in T.S.Nos.122/11,122/33 measuring about thirteen grounds. Late Palaniappa Chettiar had appointed a watchman by name Ram Singh, to look after the entire thirteen grounds. The Watchman was also provided a small thatched hut at Door No.3 viz., the suit property. The entire area was later developed. The said Palaniappa Chettiar sold seven grounds out of the thirteen grounds during his life time. Watchman Ram Singh had vacated the place even duri






























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