- (1.)THIS revision arises out of the order of District Munsif, Pallipattu made in I. A. No. 72/2004 in O. S. No. 182/ 2001 (dated 9. 3. 2004) allowing the application filed under Or. 13, R. 2 CPC condoning the delay in filing the document. The Defendants are the Revision Petitioners.
(2.)THE relevant facts for this revision could briefly be stated thus :-O. S. No. 218/1997 - District Munsif Court, Thiruttani, ransferred to District Munsif Court, Pallipattu renumbered as O. S. No. 182/2001 :
The suit property relates to the house in D. No. 55/1, Thoppu Street, Athimanjeripet Village, Pallipet Taluk and the western wall thereon. Case of the Plaintiff is that the Defendants' house is in Door No. 56/1 on the Western Side of the Plaintiff's house in D. No. 55/1. The Defendants have no right over the suit wall. The Defendants have requested the Plaintiff to rest their tiled house beam on the side wall and the Plaintiff has consented for the same. The Defendants have rested the tiled house beam on the suit wall and have also slopped all the tiles towards the western side wall. Rain water falls inside the house of the Plaintiff. The Defendants have also fixed water pipelines to the western side wall. The Defendants have also rested cement sheets on the suit wall. They have also fixed up electrical pipelines on the Western side wall of the Plaintiff. Because of such acts, during rainy season, the rain fall caused weakening effect on the wall. While so, the Defendants have been digging a drainage wall adjacent to the western side wall which is likely to endanger the wall. Hence the Plaintiff has filed the suit - (i)for declaration of his title to the suit property - house in D. No. 55/1 on the western side wall thereon; (ii)for permanent injunction restraining the Defendants from in any way interfering with the possession and enjoyment of the suit property, including the suit wall and preventing them from digging the drainage into the wall; (iii)for a mandatory injunction directing the Defendants to remove the wooden beam and the asbestos sheets, electrical pile lines on the wall and also the water pipe lines; (iv)and other reliefs.

(3.)DENYING the allegations in the plaint, the Defendants have filed the Written Statement contending that their house bearing D. No. 56/1, absolutely belong to the Defendants' ancestors and the house was constructed about sixty years ago by the Defendants' ancestors. The brothers of the Defendants have partitioned their joint family properties on 5. 9. 1956 under registered Partition Deed and the house in D. No. 1/56 was allotted to the Defendant. The house was constructed by the ancestors of the Defendants and the first Defendant has perfected his title to the house and the wall, by adverse possession. Now the house has been transferred in the name of the second Defendant. The Defendants never constructed any house nor inserted any beam on the suit wall. It is already resting on the suit wall. The Defendants never dug any channel or pipe line in the suit property. Hence the question of damage to the wall does not arise. Leveling false allegations, the Plaintiff has filed the suit and he is not entitled for any relief.