DURAI PANDIAN Vs. E.RAMACHANDRAN

JUDGEMENT

(1.) This Revision is directed against the Fair and Decreetal order passed in I.A.No.488 of 2018 in O.S.No.49 of 2011, wherein, the learned District Munsif, Madurantakam rejected the petition filed under Order IXV Rule 2 (2) read with Sec. 151 of C.P.C. r/w Sec. 12 of Tamil Nadu Court Fees and Suit Valuation Act.

(2.) The respondents 1 and 2 herein instituted the Suit O.S.No.49 of 2011 to declare that the suit property is absolute property of Sri Srinivasa Perumal Temple at Vembanur Village, Kadapakkam; deliver possession of the suit property; to declare that the sale deed dtd. 28/9/2005 executed by the second defendant in favour of the first respondent as null and void and for determination of mense profits.

(3.) It is the case of the plaintiffs that the suit schedule property is the exclusive and absolute property of Sri Srinivasa Perumal Temple , by way of dedication under settlement patta bearing T.D.No.1465. Apart from the suit property, the Temple also owns an extent of 2.64 acres in S.No.14/1 of Vembanur Village. It is alleged that the first defendant colluding with the second defendant got the property by way of registered sale deed dtd. 28/9/2005. According to the plaintiffs, the second defendant has no right or authority to convey the suit property to the first defendant.