C.R.P(MD)Nos.1983 and 1984 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 01.03.2021

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU

C.R.P(MD)Nos.1983 and 1984 of 2019

and

CMP(MD).No.10221 of 2019

1. R.Sundar Rajan

2. Smt.Rajammal

... Petitioners /Petitioners /

Plaintiffs

(in both CRPs)

Vs.

1.R.Ramasubbu

2.R.Renganathan

...Respondents/Respondents/

Defendants

(in both CRPs)

Common Prayer: Civil Revision Petitions filed under Article 227 of

Constitution of India, to set aside the order and decree made in

I.A.Nos.1 and 2 of 2019 in O.S.No.314 of 2010 dated 08.07.2019, on

the file of the Additional Subordinate Court, Srivilliputhur.

For Petitioners

: Mr.M.Thirunavukkarasu

(in both CRPs)

For Respondents

: No Appearance for R1 & R2

(in both CRPs)

COMMON ORDER

These Civil Revision Petitions are filed to set aside the order

dated 08.07.2019, made in I.A.Nos.1 and 2 of 2019 in O.S.No.314 of

2010 on the file of the learned Additional Subordinate Judge,

Srivilliputhur.

2. The revision petitioners are the plaintiffs in the suit.

3. Learned counsel for the petitioners-plaintiffs would submit

that the revision petitioners herein have filed a suit in O.S.No.314

of 2010 against the respondents-defendants for the relief of

declaration, permanent injunction, mandatory injunction and recovery

of possession, on the file of the learned Additional Subordinate

Court, Srivilliputhur. The petitioners-plaintiffs purchased the

suit property measuring an extent of 0.0430.0 sq. mt., vide

registered sale deed dated 31.05.2010. The petitioners came to know

that a mistake has been committed in the Town Survey register

1/3

https://hcservices.ecourts.gov.in/hcservices/

C.R.P(MD)Nos.1983 and 1984 of 2019

relating to the extent of the suit property. In order to prove the

rectification with regard to the measurement of the suit property,

the petitioners-plaintiffs filed I.A.Nos.1 and 2 of 2019 in

O.S.No.314 of 2010 to send survey register and to issue summon to

the Municipal Officer to give evidence in respect of the above said

Town Survey Register. The said applications were dismissed by the

Court below. Aggrieved over the same, these Civil Revision Petitions

have been filed by the petitioners-plaintiffs.

4. Heard the learned counsel for the petitioners and perused

the materials available on record. Though notice has been issued to

the respondents, none appeared in the last occasion and even today.

5. Perusal of record shows that the petitioners-plaintiffs

purchased the suit property measuring an extent of 0.0430.0 sq. mt.,

vide registered sale deed dated 31.05.2010. It is the contention of

the petitioners-plaintiffs that after subdivision, patta was

transferred to the plaintiff's name, but the extent of the suit

property has been wrongly mentioned as 0.04.03.5 sq.mt., instead of

0.0430.0 sq.mt., in the Town Survey register. Only at the time of

trial, the petitioners-plaintiffs became aware that the extent of

the property was wrongly mentioned as 0.04.03.5 sq.mt., in terms of

the register. Therefore, the petitioners-plaintiffs submitted

application before the Commissioner, Srivilliputhur Municipality to

rectify the mistake in respect of the correct measurement of the

suit property. Thereafter, upon verifying the documents, corrections

were also carried out by the Commissioner, Srivilliputhur

Municipality vide order dated 12.12.2018. Thereafter, in order to

prove the said mistake with regard to the measurement of the suit

property, the petitioners-plaintiffs filed I.A.Nos.1 and 2 of 2019

in O.S.No.314 of 2010 to send Town Survey register relating to

T.S.No.394/6A2 and to issue summon to the Municipal Officer to give

evidence in respect of the above said Town Survey register. The said

applications came to be dismissed by the trial Court by holding that

the petitioners-plaintiffs could obtain certified copy of Town

Survey Register.

6. The grievan