LAWS(MAD)-2024-10-98

H. SUMATHI Vs. NALLAMMAL ARUL (DIED)

Decided On October 15, 2024
H. Sumathi Appellant
V/S
Nallammal Arul (Died) Respondents

JUDGEMENT

(1.) This Civil Revision Petition is at the instance of the Plaintiff. O.S. No.252 of 2016 on the file of the I Additional District Munsif Court at Salem is a Suit for Permanent Injunction.

(2.) The case of the Plaintiff is that she had purchased the property on 18/11/2002. Since the Defendants interfered with her possession, she was constrained to present the Suit. It is the case of the Defendants that the Plaintiff had entered into a Sale Agreement on 11/3/2013 and had received a sum of Rs.2,25,000.00 towards the said Sale Agreement. Subsequently, Defendants 6 & 7 demanded the Plaintiff to execute the Sale Deed on the basis of the Sale Agreement, dtd. 11/3/2013. According to the 6th Defendant, pursuant to the Sale Agreement, the Sale Deed by which the Plaintiff purchased the property on 18/11/2002 was also handed over to them. On the basis of these pleadings, the parties went for trial.

(3.) The Plaintiff examined herself as PW1 and the 6th Defendant as DW1. During the course of examination, the original Sale Deed, dtd. 18/11/2002 was marked on the side of the Defendants. In addition, the 6th Defendant also marked the Sale Agreement, dtd. 11/3/2013 which the Plaintiff alleged to be a forgery. As these two documents are said to have been executed by the Plaintiff, she took out an Application in I.A. No.7 of 2024 seeking for comparison of the signature found under the admitted Sale Deed, dtd. 18/11/2002 with the Sale Agreement, dtd. 11/3/2013.