NALINI SEKARAN Vs. ILANGOVAN

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Fair and Decretal Order of the learned Additional District Munsif, Thirumangalam, dtd. 23/12/2021 in I.A. No.4 of 2021 in O.S. No.518 of 2011. By the said Order, the learned District Munsif allowed the Application filed under Order 23, Rule 1-A read with Sec. 151 of the Code of Civil Procedure, filed by the First Respondent/Petitioner/10th Defendant to transpose himself as the Second Plaintiff.

(2.) The Suit was filed by one Annal Packiyam, against 8 Defendants in 2011. The case of the Plaintiff is that by a series of transactions, the Suit properties came to be vested in the Plaintiff, she having purchased the same. While so, she was shocked to know that one of the predecessors-in-title, Neerukathalingam had sold the property in favour of one Panjavarnam Ammal and who had in turn executed documents in favour of the Defendants 1, 2 and the father of the Defendants 3 to 8. Hence, the Suit is for Declaration of Title of the Plaintiff and for consequential Permanent Injunction restraining the Defendants from interfering with the possession of the property.

(3.) The Suit is resisted by the Defendants by claiming that the said Neerukathalingam had title in respect of the property and denying the fact that he sold the Suit property as alleged in the Plaint. Since it was pleaded that there was a further sale in favour of one Majestic Chemicals Limited, the said Company was imploded as the 9th Defendant in the Suit.