GOVINDARAJAN PADAYATCHI Vs. PREMANANDA VIJAYAKUMARAN & PREM ANAND; JANSI RANI AYAL; VIJAYARANI AYAL; RAJARATHINAVALLI AYAL; ROJA VAIRAM; ILANGOVAN

JUDGEMENT

(1.) This appeal suit has been directed against the order dated 28.03.2012 passed in O.S.No.16 of 2011, by the Principal District and Sessions Court, Ariyalur.

(2.) The appellant herein, as plaintiff has filed O.S.No.16 of 2011 on the file of the Court below for the relief of specific performance and perpetual injunction, wherein the present respondents 1 to 5 have been shown as defendants. During pendency of the same, the defendants, as petitioners, have filed I.A.No.3 of 2012 under Order 7 Rule 11 of Civil Procedure Code, 1908 praying to reject the plaint for the reasons mentioned therein. The Court below, after considering the divergent contentions raised on either side, has allowed the petition and thereby rejected the plaint, which has been taken on file in O.S.No.16 of 2011. Against the order of rejection, the present Appeal Suit has been preferred at the instance of the plaintiff/respondent, as appellant.

(3.) Before contemplating the rival submissions made on either side, it would be more useful to look into the plaint filed in O.S.No.16 of 2011. In the plaint, it is averred that the defendants have jointly executed the suit sale agreement on 10.11.2005 in favour of the plaintiff and thereby agreed to sell the suit properties. Further, in the plaint, it is stated that cause of action for the suit has arisen after the disposal of the Second Appeal No.1844 of 1998 on 22.2.2011.