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2003 Supreme(Mad) 1368

A.KULASEKARAN
K. Marimuthusamy @ Marimuthu – Appellant
Versus
Mahalatchumi – Respondent


Advocates Appeared:For the Petitioner:Dhanyakumar, Advocate. For the Respondents: ----

Judgment :-

This revision petition was posted today for admission. I heard the counsel for the petitioner.

2. The defendant is the petitioner. The respondent/ Plaintiff has filed a suit O.S. No. 538 of 1994 before the Additional District Munsif Court, Namakkal for recovery of possession, arrears of rent and for damages at the rate of Rs.250/- per month from the date of filing the suit till realisation. The respondent herein has filed an application IA No.169 of 2003 under Order VI Rule 17 CPC for amendment of the plaint seeking for declaratory relief and also to change the measurements of the suit property. The court below allowed the petition for amendment, which is challenged in this revision.

3. Before the court below, the respondent herein has marked Ex.P1 dated 13-11-1992, original deed of settlement executed by his father in his favour and Ex.P2 dated 11-02-1993 another original deed of settlement executed by his father in his favour. The reports of the advocate commissioner dated 21-01-2003 were marked as Exs. C1 and C2 respectively.

4. The respondent has pleaded before the court below that the suit was originally filed for recovery of possession, arrears of rent and for futur















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