MUNUSAMY Vs. MANJULA

JUDGEMENT

(1.) Challenging the judgment and decree of the I Additional District and Sessions Judge, Tindivanam, dtd. 10/11/2023 in O.S.No.396 of 2022, directing the 2nd defendant to restore possession to the plaintiff, the present revision has been filed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

(3.) The suit property was originally purchased by the plaintiff and she has constructed a house in the year 2012. As she was suffering from debts, she required financial assistance. The 2nd defendant got introduced to the plaintiff through her husband, who in turn, introduced the 1st defendant who was working as a Teacher. The plaintiff approached the 1st defendant for financial assistance and the 1st defendant agreed to help the plaintiff. Accordingly, the 1st defendant availed a LIC loan of Rs.14,00,000.00 to help the plaintiff. For that loan, the 1st defendant asked the plaintiff to execute a sale deed in his favour in respect of the suit property. Accordingly, a sale deed was also executed in favour of the 1st defendant on 30/1/2014. According to the plaintiff, the sale deed was for name sake and was sham and nominal. Thereafter, the plaintiff continued to repay the loan amount in monthly installments. According to the plaintiff, she settled the entire loan amount. When the matter stood thus, the 1st defendant sold the property to the 2nd defendant on 8/4/2021 without notice to the plaintiff. On 1/5/2022, the 1st defendant came to the house of the plaintiff and informed that he sold the property to the 2nd defendant and asked the plaintiff to vacate the house. The plaintiff sent petitions to the Police and other officials on 2/5/2022. On knowing about the complaint, the defendants 1 and 2, with the support of political parties, forcibly dispossessed the plaintiff on 5/5/2022. Hence, the present suit has been filed by the plaintiff for recovery of possession under Sec. 6 of the Specific Relief Act, 1963.