VOX REALITIES PRIVATE LIMITED Vs. KAVITA

JUDGEMENT

(1.) The above application is filed by a 3rd party seeking leave to appeal against the Judgment and Decree in O.S.No.2485 of 2015 on the file of the II Additional City Civil Court, Chennai. The petitioner is the purchaser of the suit property pending the suit. In order to appreciate the grievance of the petitioner herein, it is necessary to briefly allude to the facts which has culminated in the filing of the suit and the proceedings pending the suit and thereafter. The petitioner herein is referred to as the petitioner and the respondents are referred to in their ranking before the Trial Court.

(2.) The plaintiffs had originally filed the suit C.S.No.738 of 2003, on the file of this Court for the following reliefs:

(3.) It is their case that the suit property belonged to one Sakuni Bai Ammal who had purchased the same under a registered sale deed dtd. 25/9/1939. The suit property was thereafter purchased by Pachai Ammal who was the parental grandmother of the plaintiffs and defendants 3 and 4 under a registered sale deed dtd. 11/10/1941. Pachai Ammal who owned extensive property had settled the suit property on her son the 1st defendant, the father of the plaintiffs and defendants 3 and 4 herein and another property on her other son. Under the said deed she had made it clear that the 1st defendant and his brother would only enjoy the usufructs of the income from the suit property and they were expressly prohibited from alienating or otherwise encumbering the suit property. On their death the property was to devolve on their respective children. Pachai Ammal died on 21/5/1985 and thereafter in keeping with the terms of the settlement deed, the 1st defendant came into the possession of the same.