O R D E R

The defendant in O.S.No.108 of 2020 on the file of the I Additional District Munsif Court, Nagercoil, has filed the present Civil Revision Petition challenging the dismissal of his application filed under Order 7 Rule 11 of C.P.C r/w 7, 12 (2), 37 and 37(2) of Tamil Nadu Court Fees and Suits Valuations Act 14 of 1955.

2. A perusal of the records reveal that the above said suit has been filed for the relief of mandatory injunction to hand over possession of the suit schedule properties to the plaintiff. A perusal of the plaint averments reveal that the plaintiff is the sister's daughter of the defendant. The suit property originally belonged to one V.Krishnan, who had died leaving behind his son K.Mathan Raja (defendant) and daughter Parvathy. Parvathy's daughter is Shivani, who is the plaintiff in the present suit. According to the plaintiff, Mr.V.Krishnan has executed a Will in her favour on 27.05.2005 and he passed away in the year 2014. Therefore, she is the absolute owner of the property.

3. The plaintiff has further claimed that the defendant in the suit who is her maternal uncle was permitted to be in occupation of the suit schedule properties. When she was asked to