VIJAYALAKSHMI AND ORS. Vs. OCHAMMAL

JUDGEMENT

(1.) This Review Application has been filed against the Judgment and Decree passed in Second Appeal (MD) No. 402 of 2010. The Respondent herein as Plaintiff has instituted Original Suit No. 237 of 2005 on the file of the District Munsif Court, Periyakulam for the reliefs of declaration and perpetual injunction, wherein the present Review Petitioners have been shown as Defendants.

(2.) In the Plaint it is averred that the Suit property is comprised in new Survey No. 297/25b measuring 0.04.0 hectares and its Patta Number is 4268. The Plaintiff has purchased the Suit property from its absolute owners by name Mallika Begum and Sahul Hameed by virtue of Sale Deeds dated 05.03.1997 and since then the Plaintiff is in possession and enjoyment of the same and in pursuance of her title and enjoyment a Patta has been granted in her favour. The property of the First Defendant is situate immediately on the southern side of the Suit property. The Second Defendant is the brother of the First Defendant. Since the Defendants have been making arrangements to disturb the peaceful possession and enjoyment of the Plaintiff over the Suit property by way of denying her title, the present Suit has been instituted for the reliefs sought for in the Plaint.

(3.) In the Written Statement filed on the side of the Defendants, it is averred that the Plaintiff has unnecessarily filed the present Suit by way of impleading the Defendants. The Second Defendant has purchased a property which situates in Survey No. 297/2 by virtue of the Sale Deed dated 01.09.2014. Likewise the First Defendant has purchased a vacant site under a registered Sale Deed dated 22.05.2003 and there is no merit in the Suit and the same deserves to be dismissed.