SAROJA Vs. VASANTHA DURAISAMY

JUDGEMENT

(1.) The defendants 2,3 and 5 are the petitioners in this Civil Revision Petition. They have challenged the fair and decretal order dtd. 7/1/2015 passed in I.A.No.1373 of 2014 in O.S.No.61of 2001by the District Munsif Court, Tiruvallur.

(2.) The respondents 1 to 3/plaintiffs filed O.S.No.61 of 2001 seeking for the relief of declaration of title over the suit properties and for a permanent injunction restraining the defendants from interfering with their peaceful possession and enjoyment of the suit properties. The cause of action for filing the suit was that the 1st plaintiff had executed a Power of Attorney in favour of defendants 1 to 4 on 26/8/1997 and it was subsequently cancelled on 27/8/1997 and it was also informed to the defendants and inspite of the same, sale deed came to be executed in favour of the 5th defendant by defendants 1 to 4 and an attempt was also made to trespass into the properties. Aggrieved by the same, the suit was filed before the Court below.

(3.) The pleadings were completed, issues were framed and the suit reached the stage of trial. In the year 2007, an ex parte decree was passed and this ex parte decree came to be set aside on 21/4/2013. Thereafter, the trial commenced and the examination of the witnesses on the side of plaintiff was over and on the side of the defendants, D.W-1 was examined and this went on till June 2014.