R MUTHUSAMY; KUMARAVEL; RAJAGOPAL Vs. A K NAGARAJAN

JUDGEMENT

(1.) The defendants in O.S.No.72 of 2010 on the file of the Sub-Court, Rasipuram, are the appellants, and the respondent was the plaintiff before the trial Court. The plaintiff/respondent herein filed a suit with a following prayer;

(2.) The case of the plaintiff, as stated in the plaint, is as follows:

(3.) It was also the further case of the plaintiff as stated in the plaint that one K.S.Palanisamy filed a suit in O.S.No.77/93 on the file of the District Munsif Court, Rasipuram, against the plaintiff herein, first defendant's father Raja Gounder, first defendant's brother Palanivel Gounder and also against the first defendant and others for the relief of permanent injunction restraining them from interfering with his peaceful possession and enjoyment of the land in S.Nos.77/4 and 77/3. The said K.S.Palanisamy also obtained an order of interim injunction in I.A.No.352/97 in O.S.No.73/97. He has also filed another suit in O.S.No.455/97 before the Sub-Court, Namakkal, for specific performance against the first defendant herein, first defendant's father and brother, which is pending now. However, apprehending that the disposal of the suit pending before the Sub-Court, Namakkal, may take number of years to reach a finality and therefore, it has become impossible for the plaintiff to get the sale deed registered from the defendants within the period of limitation, the plaintiff has filed the present suit for return of the advance amount of Rs.5,00,00/- with interest.