MUTHUSAMY Vs. K GANESAN

JUDGEMENT

(1.) THIS revision petition has been filed by plaintiff in O. S. No. 86/2002 on the file of District Munsif Court, Sankari. The suit was filed by the plaintiff for a permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the suit schedule property which is land and building.

(2.) AFTER filing the written statement the defendants/respondents filed I. A. No. 486/2002 to struck off the suit from the file on the ground that the plaintiff was not the owner of the property and therefore he is not entitled to file the suit on behalf of his wife. When I. A. No. 486/2002 was pending, the revision petitioner as plaintiff filed I. A. No. 1231/2003 under Order 7 Rule 14 (3) of the Code of Civil Procedure for receiving the document dated 5. 9. 2003 which is the settlement deed executed by his wife in his favour when the suit was pending. This application was resisted by the respondents herein by contending that even after the settlement deed which is hit by lis pendence, the revision petitioner cannot derive any title or possession and therefore the suit filed by the petitioner herein is not maintainable.

(3.) THE trial Judge by order dated 9. 3. 2004, accepted the contentions of the respondents herein and dismissed the application. Aggrieved by the order the plaintiff has filed the above revision petition.