Additional Written Statements under Order VIII Rule 9 must be consistent, and Courts may reject belated applications that do not assist in clarity or adjudication.

ORDER :

R. Sakthivel, J.

Feeling aggrieved by the Dismissal Order dated June 13, 2023 passed by 'the Sub Court, Perundurai' [hereinafter referred to as the 'Trial Court'], in the petition in I.A.No.3 of 2023 filed by the Defendant in the Original Suit under Order VIII Rule 9 of 'the Code of Civil Procedure, 1908' ('CPC' for short) praying to grant leave to file Additional Written Statement, this Civil Revision Petition has been filed.

2.The Revision Petitioner herein is the Defendant and the Respondent herein is the Plaintiff in the Original Suit in O.S.No.147 of 2017 on the file of the Trial Court.

3.The Respondent / Plaintiff filed the aforesaid Suit seeking delivery of possession of the Suit Property from the Defendant.

4.The Plaintiff's case is that the Defendant was the owner of the Suit Property vide registered Sale Deed dated January 26, 1976. In order to deal with the Suit Property, the Defendant executed a General Power of Attorney Deed dated May 30, 2007 in favour of the Plaintiff's wife-Muthulakshmi. On the same date, the Defendant also executed a registered Sale Agreement in favour of the Plaintiff. In view of the Power of Attorney Deed, the Power Agent executed a registered Sale Deed dated March 18, 2009 in respect of the Suit Property for a sum of Rs.1,50,000/- in favour of the Plaintiff. Thereafter, the Defendant requested the Plaintiff to permit him to occupy the Suit Property as a tenant. The Plaintiff allowed the Defendant to occupy the Suit Property for monthly rent fixed at Rs.2,000/-. However, the Defendant failed to pay the agreed rent and also refused to vacate the Suit Property. Hence, the Suit for delivery of possession. The Suit was filed in the month of August 2017.

5.The Defendant filed a Written Statement on March 05, 2018 stating that the Defendant's wife was unwell, and hence to meet out the medical expenses, the Defendant borrowed a sum of Rs.95,000/- (Rupees Ninety Five Thousand only) from the Plaintiff's wife-Muthulakshmi on May 30, 2007 and executed a Sale Agreement on the same day only as a security for the said loan transaction. Further, at the instance of the Plaintiff's wife-Muthulakshmi, he also executed a General Power of Attorney Deed for the same purpose of security for the loan transaction. With a view to defeat and defraud the Defendant's right and title over the Suit Property, the Plaintiff's wife-Muthulakshmi and the Plaintiff colluded and fraudulently created the alleged Sale Deed dated March 18, 2009. The said fact came to the Defendant's knowledge only on the receipt of pre-suit notice dated October 1, 2015 issued by the Plaintiff's wife-Muthulakshmi. The Defendant is liable to pay only a sum of Rs.1,47,000/- (Rupees One Lakh Forty Seven Thousand only) inclusive of interest to the Plaintiff's wife-Muthulakshmi as on the date of written statement. When the Defendant tendered the aforesaid amount, the Plaintiff and his wife refused to receive the said amount. The Defendant is ready and willing to deposit before the Court the principal amount of Rs.95,000/- along with accrued interest at the rate of 12% per annum from October 04, 2015 till the date of filing the Suit. The Defendant filed a complaint against the Plaintiff's wife in Criminal Miscellaneous Petition No.1772 of 2016 and the same was dismissed as the dispute is civil in nature. Thereafter, the Defendant preferred an appeal in Criminal Revision Petition No.381 of 2016 and the same was also dismissed. The Defendant is in possession and enjoyment of the Suit Property and he never handed over the possession of the Suit Property to the Plaintiff. Accordingly, he prayed to dismiss the Suit.

6. Issued were framed on February 26, 2018. Then the Pl