SUBBURAJ Vs. VIRUDHUNAGAR

JUDGEMENT

(1.) Heard both sides

(2.) The defendant in O.S.No.100 of 1992, on the file of the Principal District Munsif, Sattur, is the revision petitioner. O.S.No.100 of 1992 was filed by the plaintiff viz., Virudhunagar, Thirumangalam, Palayampatti, Kovilangulam, Periyakarisalkulam, five villages Hindu Christian pannicker community trust, represented by trustees, for a declaration and for recovery of possession of the property from the revision petitioner herein. That suit was decreed on 27.04.1993. Thereafter, E.P. was filed in E.P.No.70 of 2007 by the plaintiff viz., Virudhunagar, Thirumangalam, Palayampatti, Kovilangulam, Periyakarisalkulam, five village Sriman Narayana Madam Pannickar community trust, represented by its Managing Trustee, P.Jeyapandian and it was opposed by the revision petitioner herein that the person, who filed the plaint is different from the person, who filed E.P. and therefore, the E,.P. is not maintainable. That was negatived by the lower Court and delivery was ordered and aggrieved by the same, this civil revision is filed by the revision petitioner.

(3.) Mrs.P.Malani, the learned counsel appearing for the revision petitioner submitted that admittedly the suit was filed by the respondent viz., Virudhunagar, Thirumangalam, Palayampatti, Kovilangulam, Periyakarisalkulam, five villages Hinduan & Christian Pannickar Caste Trust, represented by its Managing Trustee, P.Jeyapandian and in the E.P., it has been stated that Sriman Narayanan Madam Trust of the five villages, represented by the Managing Trustee and therefore, the petitioner, who filed E.P. is a different entity and hence, E.P. is not maintainable.