LINGIAH Vs. SATHURAPPAKONAR

JUDGEMENT

(1.) THIS Revision is directed against the Order of the District Munsif, Kovilpatti made in I.A.No.233 of 2003 in O.S.No.175 of 1998 dated 13.03.2002 dismissing the Application filed by the Defendants under Section 151 C.P.C. and declining to admit an unregistered Sale Deed dated 15.06.1907. The Defendants are the Revision Petitioners.

(2.) SUIT O.S.No.175 of 1998 was filed by the Plaintiffs relating to 1.71 acres in S.No.59/1 and two cents in S.No.59/3. Case of the Plaintiffs is that the SUIT Property originally belonged to one Perumal. Plaintiffs claimed right and title through the descendants of the said Perumal (Legal Heirs through Mahalingam) by purchase under the Sale Deed dated 25.08.1993. According to the Plaintiffs, they are in possession and enjoyment of the SUIT Property since the date of purchase. To claim false right in the SUIT Property, the Second Defendant had created a document in favour of the First Defendant on 11.03.1998. The alleged Sale Deed in favour of D-1 is not valid and not binding upon the Plaintiffs. The Plaintiffs and their Predecessors-in-title is in possession and enjoyment of the SUIT Property for more than thirty years. On the above allegations, Plaintiffs have filed the SUIT for Declaration and for Permanent Injunction.

(3.) AGGRIEVED over the dismissal of the Application to recall D.W-2 for the purpose of marking the said Sale Deed, the Revision Petitioners/Defendants have preferred this Revision.