M. RAJATHI Vs. K. SATHASIVAM

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order of the Additional Subordinate Judge, Thanjavur, made in I.A. No.17 of 2022 in A.S. No.23 of 2009. In the said application, the Petitioner/Appellant prayed for leave to withdraw the original Suit itself with the liberty to file a fresh Suit with the declaratory relief. The same was dismissed.

(2.) The case of the Plaintiff is that the Suit Survey Numbers originally belonged to one V. Vadivelu and V. Kandasamy and their sisters Sundarambal and Magilambal. The aforesaid Vadivelu and one Nambi Murugesan as the Power Agent of the said Kadasamy, Sundarambal and Magilambal, through a registered Power of Attorney, dtd. 9/12/1987, sold the property to one V.K. Ramasamy under a registered Sale-Deed, dtd. 28/2/1988. In turn, the said Ramasamy sold the Suit property to the Plaintiff under a Registered Sale Deed dtd. 20/5/2004. The Defendant, who is the adjacent owner compelled the Plaintiff to sell the Suit property to him and when the Plaintiff refused, the Defendant and his men attempted to trespass into the property therefore, the Plaintiff filed the present Suit for a Permanent Injunction restraining the Defendant and his men from in any way interfering with the Plaintiff's peaceful possession and enjoyment of the Suit Schedule property.

(3.) The Defendant resisted the Suit by filing a Written Statement. It is pleaded that the Suit property does not belong to V. Vadivelu and others but, it originally belonged to one Thonthiveeran and after his demise, the properties were succeeded by his sons Aandi and Valaran. The Suit property was thereafter allotted to Aandi and after his lifetime, it was succeeded by his son Mookan. The said Mookan sold the property to one Ammakannu and Shanmugam by way of a Registered Sale Deed, dtd. 22/3/1952. After the death of the said Ammakannu, her husband Shanmugam became the sole owner of the property and he in turn, sold the property to one Kalimuthu, by way of a Registered Sale Deed, dtd. 3/6/1956. The said Kalimuthu died in the year 1974 and the property was succeeded by his son Sadhasivam, the Defendant herein and other sons Thangaraj and Saivaraj.