RAJAN Vs. THALAIMALAIKONAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the Order of the Principal District Munsif, Srivilliputhur dated 03.09.2001 made in I.A.No.1597 of 2000 in O.S.No.238 of 1997, dismissing the Petition filed by the Petitioners under Order 23 Rule 1-A C.P.C to transpose the Revision Petitioners / Defendants 3 and 4 as Third and Fourth Plaintiffs.

(2.) THE Suit Property relates to Ramakrishna Primary School and the Building in Door No.1-B/6 and the dwelling House in Door No.1-A/5, Chidambarapuram Village, Rajapalayam Taluk. THE Plaintiffs / Respondents 5 and 6 have filed O.S.No.238 of 1997 for Permanent Injunction restraining the Defendants from interfering with their peaceful possession and enjoyment of the suit properties. Case of the Plaintiffs is that the First Plaintiff's Paternal Uncle viz., Muthiah Konar had established the School called "Ramakrishna Primary School" in Chidambarapuram Village, Rajapalayam Taluk in the year 1953. He has constructed the school building with his own funds. THE Education Department of Government of Tamil Nadu has also issued recognition to the School. In the year 1960, the said Muthiah Konar has transferred the Management of the School to his Brother " Subbiah Konar, who is the Father of the First Plaintiff. From then onwards, the First Plaintiff's Father was running and managing the School. After his death, the First Plaintiff has been managing and running the School managing the Administration. Adjacent to the School Building, there is a dwelling house bearing No.1-A/5, which stands in the name of the Second Plaintiff " Wife of the First Plaintiff. THE Family of the Plaintiffs are residing in the dwelling house for more than 45 years. Even the service connection was issued by Tamil Nadu Electricity Board in the name of the Second Plaintiff and she has been regularly paying the Electricity Consumption charges. THE Plaintiffs have claimed that they are in uninterrupted possession and enjoyment of the School Building and the Residential House. THE Defendants are the local residents of Chidambarapuram Village and are inimical towards the family of the Plaintiffs. Without any Title or Right in the Suit Properties, the Defendants have attempted to enter into the School premises and demolish the Buildings, which were thwarted with the help of well-wishers. Hence, the Plaintiffs filed the Suit restraining the Defendants with their peaceful possession and enjoyment of the Suit Properties.

(3.) AGGRIEVED over the dismissal of the Petition filed under Order 23 Rule 1-A and Sec.151 C.P.C, the Revision Petitioners / Defendants 3 and 4 have filed this Revision Petition. Respondents 1 to 4 are served. Notice sent to Respondents 5 and 6 returned unserved. Service held sufficient for the Respondents. Heard the submissions of the learned counsel for the Revision Petitioners / Defendants 3 and 4.