RAMASAMY Vs. SELVAMBAL ALIAS PARIMALANAYAGI

JUDGEMENT

(1.) THE instant proceeding is a glaring example of the abuse of the process of the court by the plaintiff/respondent Selvambal alias parimala-nayagi and other members of a family, their common ancestors being veerappa Goundar. Veerappan' 's wife Manonmaniammal had five children viz. , Ramaswamy alias Malayalathan, Dhanapakiyam alias thaiyanayaki, Krishnammal, Manjini and Kannan alias Vairakannou. Dhanapakiyam has three children viz. , Vazhmuni, Kannammal alias Valliammal and Ammayyee alias Rathinammal and Krishnammal has two children viz. , Sakrapani and selvambal alias Parimalanay-agi.

(2.) KRISHNAMMAL filed O. S. No. 261 of 1970 before the principal District Munsif' 's Court, Pondich-erry impleading Ramaswamy and Manjini Naicker as defendants 2 and 3 and lakshamanaswamy, the present petitioner, who is a purchaser and who is in possession of a property transferred by Ramaswamy and Manjini Naicker, for a declaration of title and for recovery of possession. The said suit was dismissed with costs on 27. 10. 1973. She preferred an appeal, being A. S. No. 19 of 1974, which was also dismissed on 23. 4. 1976 with costs. With a change in the spelling of her name (KRISHNAMMAL spelt her name' 'Kichennammallee' ', the French spelling) along with the two daughters of her sister Dhanapakiyam viz. , Valliammal alias Kannammal and Ammayee alias Rathinambal, filed o. S. No. 396 of 1983 impleading this time only the petitioner and Ramaswamy calling them Ramaswamy Goundar and Lakshmana Goundar and sought the relief of declaration that the sale deed dated 27. 8. 1952 was null and void. This suit was dismissed with costs on 5. 3. 1984. She along with others preferred an appeal in a. S. No. 205 of 1984 against the dismissal of the suit. This appeal also was dismissed with costs on 14. 12. 1990. A second appeal was preferred before this court, being S. A. No. 525 of 1991, which was dismissed on 24. 4. 1991. KRISHNAMMAL was given up, but her daughter Selvambal started the third round by filing o. S. No. 413 of 1991 and adding in the category of defendants besides Ramaswamy and La-kshmanan/laksharnanaswamy, six more defendants and sought injunction. Her suit was dismissed with costs on 12. 8. 1991. She preferred an appeal in a. S. No. 161 of 1991. The same also was dismissed with costs on 29. 10. 1992. She, selvambal started the fourth round by filing a suit in O. S. No. 250 of 1992 naming as many as 18 defendants including Ramaswamy and Lakshmanan alias laksha-manaswamy seeking division of the suit properties into four portions and allotting one-fourth share to the plaintiff and defendants 1 to 3 each.

(3.) AS a result of the above, now a fresh suit in o. S. No. 314 of 1993 has been filed by Valliammal alias Kannammal, the daughter of Krishnammal' 's sister cousin and/sister of Selvambal alias pari-malanayagi for a declaration that the judgment and decrecdated 27. 10. 1973 passed in O. S. No. 261 of 1970 on the file of the Court of the Principal District munsif, Pondicherry is null and void and is not binding on the plaintiff.