PREMA Vs. J.NETHAJI SUBASH CHANDRA BOSE

JUDGEMENT

(1.) Aggrieved by an order, dismissing the petition to reject the plaint, defendants 15 to 17 in the main suit have come up with this revision.

(2.) The respondents herein filed a suit in O.S.No.234 of 2010 on the file of the learned District Munsif, Chengalpattu, against the petitioners and 14 others (D1 to D14 under whom the petitioners claim title) seeking a declaration that the sale deed dtd. 22/2/2002 executed by defendants 1 to 14 infavour of late Bheema Rao (husband of first petitioner and father of petitioners 2 and 3) is null void and also for permanent injunction restraining the petitioners (D15 to D17) from anyway encumbering the suit property. The revision petitioners who were arrayed as D15 to D17 have filed a petition to reject the plaint in I.A.No.352 of 2011 and the same was dismissed by the trial Court. Aggrieved by the same, the present Civil Revision Petition is filed.

(3.) According to the plaintiffs, they are all legal representatives of one Nagarathina Mudaliar, who purchased the suit property under a registered sale deed dtd. 15/5/1965. Since his possession was interfered with one Kuppusamy, he was constrained to file a suit seeking declaration and recovery of possession in O.S.No.441 of 1965 on the file of the learned District Munsif, Chengalpattu and the same was decreed. The defendant therein/ Kuppusamy filed an appeal in A.S.No.37 of 1970 before the Principal Subordinate Court, Chengalpattu and the First Appellate Court allowed the appeal and remanded the matter to the trial Court for re-trial. The said order of remand was challenged by Nagarathina Mudaliar in A.A.O.No.619 of 1973 before the High Court of Madras and the same was allowed and the matter was remanded to the file of the First Appellate Court. After remand, the First Appellate Court, heard the matter afresh and allowed the appeal and dismissed the suit.