Dismissed

S.Ramaswami v. H.G.v.Subramaniam

Madras HC2 Feb 2023REV.APPL/161/2021

Case brief

AI extract

What is this about?

This High Court dismissed the review application filed under Order 47 Rule 1 r/w. 114 CPC against a judgment dismissing a Second Appeal. The court found the grounds for review devoid of merits as the defendant had pleaded absolute ownership, denying adverse possession, contradicting the petitioner's counsel.

What did the court decide?

Review Petition dismissed as devoid of merits; connected miscellaneous petition closed.

S.Ramaswami Vs H.G.v.Subramaniam — Property and Title | Madras HC (2023)

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Review Application No.161 of 2021

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.02.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

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Review Application No.161 of 2021 and C.M.P.No.22681 of 2022

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S.Ramaswami ...Petitioner

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Vs.

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H.G.V.Subramaniam ...Respondent

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Prayer: Review Petition filed under Order 47 Rule 1 r/w. 114 of C.P.C., against the order passed in S.A.No.574 of 2020 dated 02.11.2020.

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For Petitioner : Mr.Susanna Prabhu

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O R D E R

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The applicant seeks review of my judgment dated 02.11.2020

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made in S.A.No.574 of 2020. The said Second Appeal was dismissed at the admission stage mainly on the ground that the defendant, who had asserted his title over 'B' Schedule property cannot plead adverse possession.

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1/4

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https://www.mhc.tn.gov.in/judis

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Review Application No.161 of 2021

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2.The learned counsel appearing for the review applicant would draw my attention to certain portions of the written statement to contend that such a plea was not made and the title of the plaintiff was admitted. Though in a review, a re-consideration of the judgment of the Appellate Court is not permissible, in order to satisfy myself regarding the plea taken by the learned counsel, I had gone through the relevant portions pointed out by the learned counsel. In Para 6 & 9 of the original written statement, in which, the defendant has pleaded as follows:-

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“6.The Defendant states that, in any event, what the Defendant would be selling will be his own property, which was settled on the Defendant by his father by the Settlement Deeds dated 01.09.1982 and 21.02.1992, and over which the plaintiff cannot have any claim whatsoever.

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9.The Defendant states that, since the Defendant has been in absolute ownership possession and enjoyment of the said extent of land legally, the plaintiff has no right to claim the whole, or any part, of this extent of land.”

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3.Again in the additional written statement also, the defendant has

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pleaded that he is in possession of the property that has been settled on him 2/4

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https://www.mhc.tn.gov.in/judis

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Review Application No.161 of 2021

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as an absolute owner therefore the submission of the learned counsel for the review applicant that the defendant has conceeded the title of the plaintiff to the 'B' Schedule property is factually incorrect. Hence, the Review Petition is dismissed as devoid of merits. Consequently, connected miscellaneous petition is closed.

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02.02.2023

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kkn

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Internet:Yes/No Index:Yes/No Speaking/Non-speaking order

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3/4

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https://www.mhc.tn.gov.in/judis

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Review Application No.161 of 2021

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R.SUBRAMANIAN, J.

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KKN

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Review Application No.161 of 2021 and C.M.P.No.22681 of 2022

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02.02.2023

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4/4

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https://www.mhc.tn.gov.in/judis

S.Ramaswami v. H.G.v.Subramaniam

Case brief

What is this about?

What did the court decide?

S.Ramaswami v. H.G.v.Subramaniam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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