SELVARAJ Vs. SUNDARARAJAN

JUDGEMENT

(1.) THIS Civil Revision Petition is preferred against the Order of Additional District Munsif, Sankarankoil dated 07.02.2003 passed in I.A.No.740 of 2002 in O.S.No.595 of 1996, dismissing the Petition filed under Order 23 Rule 1-A C.P.C to transpose the Third Plaintiff as Third Defendant. Plaintiffs 1, 2 and 4 are the Revision Petitioners.

(2.) THE Plaintiffs 1 to 3 and one late Krishnan " Husband of the Fourth Plaintiff " Mercy are Brothers. THEir Father " Muniyandi alias Subbiyah and one Shanmugathammal (Paternal Grandmother of the Defendants 1 and 2) have jointly purchased the Suit Properties. THE said Shanmugathammal and her Sons Pandi and Srinivasan have sold their share of the Property to the said Muniyandi alias Subbiyah by the Sale Deed dated 10.02.1967 and 11.05.1969. Defendants are the Son and Daughter of one Chinnasamy. THE said Chinnasamy is the Son of Shanmugathammal. No share had been allotted to the said Chinnasamy in the Suit Properties. Though no share was allotted to Chinnasamy, considering the relationship of the Parties, Item No.2 has been given to the said Chinnasamy. Plaintiffs 1 to 3 and the Fourth Plaintiff " Wife of Krishnan are in separate possession and enjoyment of Item No.1 of the Suit Properties. THE Plaintiffs have perfected their Title to the Suit Property by adverse possession also. In recognition of their possession, separate patta was also issued to the Plaintiffs. But, in the Updating Survey Scheme, the Defendants have misrepresented the fact and have obtained the joint patta as if they are in joint possession and enjoyment of Item No.1 of the Suit Properties. Hence the Plaintiffs have filed the Suit regarding Suit Item No.1 for Permanent Injunction.

(3.) AGGRIEVED over the dismissal of the Petition, the Revision Petitioners / Plaintiffs 1,2 and 4 have filed this Revision Petition. The Respondents have been served; but, not entered appearance. Today, the name of the Respondents have been printed in the cause list. Heard the submissions of the learned counsel for the Petitioners.