M.AHAMED JESIMABANU Vs. A.MOHAMED MAIDEEN

JUDGEMENT

(1.) The defendants 1 and 3 in O.S.No.20 of 2018 on the file of the Subordinate Court, Mudukulathur has filed the present civil revision petition challenging the dismissal of their application for reception of an unregistered sale deed as a document in evidence.

(2.) The first respondent has filed the above said suit for the relief of declaration of title and permanent injunction. According to the plaintiff, the suit schedule properties belonged to one Mohideen Bava and he had executed a sale deed in favour of the plaintiff on 23/5/2013 for a valuable consideration under a registered document in Document No.726 of 2013.

(3.) According to the plaintiff, the defendants do not have any right over the property. The third defendant has filed a written statement contending that the second defendant has executed an unregistered sale deed in favour of the third defendant on 21/12/2012 after receipt of full sale consideration. Based upon the said sale deed, the third defendant has also mutated the revenue records in his name. Thereafter, the third defendant has executed a registered settlement deed in favour of his wife namely the first defendant on 21/11/2014. According to the defendant, the vendor of the plaintiff do not have any right or title to execute the sale in favour of the plaintiff on 23/5/2013.