S KANNAN Vs. S SANKARALINGAM

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 30.7.2009, made in I.A.No.53 of 2009, in O.S.No.134 of 2008, on the file of the Principal Subordinate Court, Villupuram.

(2.) The petitioner in the present Civil Revision Petition is the plaintiff in the suit, in O.S.No.134 of 2008. The defendants in the said suit are the respondents herein. The petitioner has filed the suit for the declaration of his title and for a permanent injunction restraining the respondents and their men and agents from interfering with the petitioner"s peaceful possession and enjoyment of the suit property. The petitioner had also filed an interlocutory application, in I.A.No.53 of 2009, praying for leave to amend his plaint.

(3.) The petitioner had stated that, in the counter filed by the first respondent, he had alleged that the petitioner had sold the suit property to him, on 25.11.1999, by means of a registered sale deed and that, from the date of the alleged purchase, he is in possession and enjoyment of the suit properties. The petitioner had also stated that in the plaint filed in the suit, in O.S.No.134 of 2008, and in the affidavit filed in support of the application, for temporary injunction, the petitioner has stated that he had executed a registered document in favour of the first respondent, on 25.11.1999, only as a mortgaged deed and not as a sale deed, as alleged by the first respondent. Therefore, it had become necessary for the petitioner to amend the plaint to elucidate the circumstances under which the signature was obtained by the first respondent, in the alleged sale deed, by fraudulent misrepresentation and for praying for the relief of cancellation of the alleged sale deed.