K.KRISHNAMOORTHY Vs. SIVAGAMI

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order dtd. 13/10/2020 in unnumbered O.S.SR.No.973 of 2020 on the file of the District Munsif Court at Tambaram and to grant temporary injunction restraining the respondents / defendants, their men, agents and anyone acting on their behalf from in any way using the original or copy of the sale deed pertaining to the suit property registered as Document No.92 of 2010 dtd. 6/1/2010 in the office of the Sub Registrar, Tambaram.

(2.) The case of the petitioner is that the petition filed by him was returned for compliance and the plaint is rejected on the ground that there is no proper cause of action to entertain the suit under Order VII Rule 11(a) of CPC.

(3.) The learned counsel for the petitioner submitted that the rejection of the plaint in unnumbered O.S.SR.No.973 of 2020 by the Court below is unsustainable in law and on facts. As per Sec. 55(3) of the Transfer of Property Act 1882, title deeds of the property should be only with the owner of the property and a suit to enforce this right is available to the owner as against a third party / occupant of a portion of the suit property. He also submitted that the revision petitioner / plaintiff is entitled to have the custody of the title deed and records of the suit property and a suit to enforce this right is perfectly maintainable in law and that the assumption of the District Munsif that the petitioner has voluntarily delivered the title deeds of the suit property to the respondents / defendants is baseless and contrary to para 7 of the plaint.