ANAND SURANA Vs. A.M.SHAIK ALAVUDEEN

JUDGEMENT

(1.) THIS intra-Court appeal arises out of Order dated 27.03.2012 in A.No.289 of 2012 allowing pre-trial amendment of the partition suit C.S.No.521 of 2011. The first defendant is the appellant herein. For convenience, the parties are referred to in their original rank as in the suit.

(2.) BACKGROUND facts:- The suit schedule property is at Door No.12-B, Parasu Pillai Street, Kilpauk, Chennai being part of Block bearing Door No.12-A and 12-B, Parasu Pillai Street, Kilpauk, Chennai measuring an extent of 2062 Sq.ft. The plaintiff's father - Haza Mohideen and his brother Anwaruddin have purchased the suit property from the original owner K.V.Jaganadhan under a sale deed dated 19.10.1970. The plaintiffs and Anwaruddin are alleged to have executed a sale deed dated 7.2.2005 in favour of 1st defendant for a sale consideration of Rs.33 lakhs, which is in dispute. Subsequently, Anwaruddin sold his undivided share to the 1st defendant under a separate sale deed dated 12.09.2005.

(3.) THE 1st defendant filed written statement contending that the plaintiffs have voluntarily executed the sale deed for sale consideration of Rs.33,00,000.00. Since the sale deed is of the year 2005, the suit filed in 2011 is barred by limitation. In the written statement, the 1st defendant made a counter claim for permanent injunction restraining the plaintiffs from interfering with the 1st defendant's possession and enjoyment of the property.