(1.) CHALLENGE in these appeals is the order dated 30.08.2011 in A.No.7065 of 2010 declining to revoke the leave granted in O.A.No.2756 of 2010 in C.S.No.766 of 2010 and allowing A.No.54 of 2011 directing the parties to arbitration as per the arbitration agreement. Defendants 1 and 2 are the Appellants in both the appeals.
(2.) ADMITTED facts in these appeals are as follows:- Plaintiffs and Defendants are the sons and daughters of late Haji S.M.Abdul Majid and Plaintiffs and Defendants inherited the suit properties. Plaintiffs and Defendants are related as under:- HajiS.M.Abdul Majid (died on 15.02.2009) =Fathima Bivi (died on 12.07.2004) | --------------------------------------------------------------------------- -------------- | | | | | | HazeenaS.A.Fasluddin Siyauddin SMA Basheera S.A.Sharfuddin S.A.Mohideen (daughter) (son) (son) (daughter) (son) (son) (P2) (D1) (P1) (P3) (D2) (D3) Suit Schedule-I - a Plot measuring 5400 sq. ft. in Shastri Nagar, Adyar, Chennai-20 was allotted to late Haji S.M.Abdul Majid by the Tamil Nadu Housing Board. Late Haji S.M.Abdul Majid constructed a multi-storeyed residential complex with three floors and each floor consisting of four apartments. Schedule-II is the land measuring 5100 sq. ft. bequeathed to late Haji S.M.Abdul Majid by his paternal uncle Janab S.Mohideen Sahib and the said property is the subject matter of litigation in S.A.No.760 of 2004 on the file of Madurai Bench of Madras High Court. Schedule-III fell to the share of late Haji S.M.Abdul Majid under partition dated 10.03.1972. Schedules IV, V, VI and VII consist of about 11.59 acres in Kadayanallur village and Idaikaal village, Tirunelveli were purchased by late Haji S.M.Abdul Majid from out of the sale proceeds of some of the properties fell to his share under partition dated 10.03.1972 in the name of 1st Plaintiff and Defendants 1 to 3 respectively as benamidars for himself. Late Haji S.M.Abdul Majid was a man of piety and impeccable character and held the office of a Cabinet Minister under late K.Kamaraj as the Chief Minister.
(3.) DEFENDANTS 1 and 2 have filed A.No.7065 of 2010 to revoke the leave granted in O.A.No.2756 of 2010 on the ground that except Schedule-I property, all other properties are situated outside the jurisdiction of this Court. 2nd Defendant is permanently residing at Kadayanallur, Tirunelveli District. But in the plaint, the Plaintiffs have mischievously stated that 2nd Defendant is residing in Chennai. It is averred that 1st Plaintiff permanently settled down at America. Excepting the 1st Plaintiff, the other Plaintiffs and the DEFENDANTS are residing in Kadayanallur, Tirunelveli District and excepting Schedule-I, all other properties are situate in Kadayanallur village and Idaikaal village, Tirunelveli District, Plaintiffs cannot invoke the jurisdiction of this Court.