K.CHANDRAN Vs. MRS.R.SHANBAGAVALLI

JUDGEMENT

(1.) This revision arises out of an order dated 19.01.2016 passed by the learned Second Assistant Judge, City Civil Court, Chennai in I.A.No.15606/2014 in O.S.No.5710/2014 pending on the file of the said court. The above said suit came to be filed by R.Shanbagavalli, the first respondent herein, against the revision petitioners and respondents 2 to 9 for permanent injunction restraining the revision petitioners herein (defendants 1 to 4) from alienating, mortgaging or otherwise encumbering the suit property through the 12th defendant, namely the 9th respondent herein (Sub Registrar, Saidapet, Chennai) and for a permanent injunction restraining the revision petitioners herein/defendants 1 to 4 from carrying on further construction activities in the plaint properties.

(2.) The revision petitioners herein/defendants 1 to 4 preferred an application under Order VII Rule 11 CPC praying for the rejection of the plaint on the ground that no valid cause of action had been spelt out by the first respondent herein/plaintiff in the above said suit. The application was resisted by the first respondent herein/plaintiff and after enquiry, the learned trial Judge, by the impugned order dated 19.01.2016 dismissed the said application filed by the revision petitioners herein/defendants 1 to 4. The said order of the trial court is challenged in the present civil revision petition.

(3.) Narrating the facts leading to the filing of the application in which the impugned order came to be passed will be helpful to understand the case. Admittedly, the suit property originally belonged to one Balakrishnan and on his death, his wife Dhanalakshmi, son Purushothaman and daughters Nirmala, Bhuvana, Indira and Punitha became entitled to the property. On 16.11.2000, they entered into an agreement with Shanbagavalli, the first respondent herein/plaintiff for the sale of the suit property to her for a sale consideration of Rs.7,00,000/-, out of which a sum of Rs.10,000/- was paid as advance and the balance amount of Rs.6,90,000/- was agreed to be paid in six months from the date of agreement. A clause was also incorporated therein to the effect that the vendors under the said agreement shall withdraw the second appeals pending on the file of the High Court, but the numbers of the second appeals have not been noted and the years of the second appeals also have not been correctly noted. On the other hand, it has been noted as 1998 or 99.