K. VALARMATHI Vs. KUMARESAN

JUDGEMENT

(1.) Leave granted.

(2.) Can the High Court in exercise of its supervisory jurisdiction under Article 227 reject a plaint?

(3.) Short factual compass giving rise to the issue is as follows: Appellants are the legal heirs i.e. wife and daughters of one Kathiresan (since deceased). Kathiresan purchased the nanja suit land from his own funds in the name of the respondent i.e. his nephew. He had done so on astrological advice. During his lifetime, Kathiresan was in possession of the suit land and thereafter appellants claim to be in possession of the said land. After the death of Kathiresan, disputes broke out between the appellants on one hand and sisters of Kathiresan on the other, in respect of ownership of the suit land and other businesses. The respondent, who is the son of one of the sisters of late Kathiresan, initiated negotiations for sale of the suit land. This prompted the appellants to file O.S. No. 1087 of 2018 [Hereinafter, 'the present suit'] seeking a declaration regarding title and consequential injunction against the respondent from encumbering the suit land. Other lands purchased by Kathiresan from his own funds in the name/joint name with other family members, were the subject matter of another O.S. No. 201 of 2018 [Hereinafter, 'the other suit'] instituted by the appellants.