V L DHANDAPANI Vs. REVATHY RAMACHANDRAN

JUDGEMENT

(1.) THE petitioner is a third party to the suit in O.S.No.254 of 2002 on the file of District Munsif Court, Chengalpet. One Gopinathan has filed the suit against these respondents for permanent injunction with regard to the suit property. During the pendency of the suit, the petitioner herein purchased the property from the plaintiff on 3.5.2006. He came forward with a petition under Order 1 Rule 10 r/w 151 C.P.C to implead him as second plaintiff in the suit.

(2.) IN the affidavit he has mentioned that he purchased the property from the plaintiff on 3.5.2006 for valuable consideration. The sale deed is true, valid and acted upon. Since the sale, he became absolute owner of the suit property and he is in possession and enjoyment of the same. He owns more extent on the south of the suit property and he put up compound wall including his other property and put up terraced house with E.B. connection as well. Since the plaintiff together with other sharers alienated the suit property, he has no subsisting interest in prosecuting the matter and on the basis of the purchase the petitioner is entitled to continue the suit. He is bona fide purchaser of the property. No prejudice will be caused to the defendants if the petitioner is impleaded as second plaintiff.

(3.) MR.V. Lakshminarayanan, the learned counsel for the petitioner would contend that Section 52 of Transfer of Property Act does not apply to the present case, that since it is a suit for permanent injunction, the plaintiff's title need not be gone into, that the issue of title is not directly and substantially in the suit, that 6th defendant purchased the property on 23.1.2003 and even though she is a subsequent purchaser, she has been impleaded in the suit and that cause of action in the plaint will not be altered.