S A MOHAMMED SHERIFF Vs. C D MEYYAPPAN

JUDGEMENT

(1.) THE revision petitioners are the defendants. The respondent/plaintiff filed the suit for permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit A and B Schedule properties or in any manner trespassing into the suit A and B Schedule properties. Pending the suit, the defendants filed I. A. No:2629 of 2006 contending that the suit has been filed by the plaintiff on behalf of co owners without following the mandatory provisions as provided under Order 1 Rule 8 of the CPC. According to the defendants the plaintiff has not obtained prior permission of the court before filing the suit as contemplated under Order 1 Rule 8 CPC. Hence the defendants prayed the court to frame the preliminary issue relating to non compliance of Order 1 Rule 8 CPC.

(2.) THE respondent/plaintiff resisted the said Interlocutory Application contending that the suit property originally owned by his father C. T. Devaraj. He purchased the A Schedule property on 2. 2. 1959 and B Schedule property on 13. 11. 1961 by virtue of two registered sale deeds for valuable consideration. Patta was also issued and he was in peaceful possession and enjoyment till his demise. After his demise his mother Ganga Bai, the plaintiff and his brothers and sisters inherited the properties and he alone was maintaining the suit properties. Joint patta was also issued. Being a co owner the plaintiff is maintaining and administering the entire joint family properties. Since the defendants tried to trespass into the suit properties, the plaintiff filed the suit against the defendants/third parties for bare injunction. The other co-owners are not in a position to maintain the suit properties directly. The interest of the plaintiff and the other co owners is common. There is no dispute between the plaintiff and the other co owners. The suit has been filed in the common interest to protect the suit properties. Hence there is no need to obtain prior permission to file the present suit.

(3.) THE learned District Munsif, Alandur on a consideration of the averments and on hearing the counsel appeared on either side, dismissed the I. A. , filed by the defendants. Hence the present revision.