VEERAMANI Vs. KANNAYIRAM

JUDGEMENT

(1.) Feeling Aggrieved by the Dismissal Order dated August 29, 2022 passed in I.A.No.696 of 2022 in O.S.No.8 of 2012 on the file of the 'Principal District Munsif, Kallakurichi' (hereinafter referred as 'Trial Court') filed under Order I Rule 10 of the 'Code of Civil Procedure, 1908' ('CPC' for short) to implead the Petitioner therein as the 2 nd Plaintiff in the Suit, the Petitioner therein has filed this Civil Revision Petition.

(2.) The Plaintiff namely Manickammal filed the Original Suit for declaration and permanent injunction against the first respondent (father of the Respondents 3 to 5) and the second respondent. According to the plaintiff, the suit properties and some more properties were exclusively owned by her husband - Ayyasamy Udaiyar who was in possession and enjoyment of the same. On July 02, 2004, her hsuband executed a Gift Settlement Deed in her favour in respect of the suit properties. From the date of the Gift Settlement Deed, the Plaintiff has been in exclusive possession and enjoyment of the suit properties, and a separate Patta bearing No.613 was issued in her name. As the defendants disputed her title over the suit properties, she filed the Original Suit seeking declaration and permanent injunction.

(3.) The Respondents 1 and 2 / Defendants 1 and 2 entered appearance and the 2nd Respondent filed his Written Statement denying the averments made in the Plaint. The same was adopted by the first respondent. According to the 2nd Respondent, the Plaintiff's husband - Ayyasamy Udaiyar himself had no right or title over the suit properties and hence, he had no right to execute the Gift Settlement Deed in favour of the Plaintiff. In other words, neither Ayyasamy Udaiyar nor Manickammal had or have any right, title, or possession over the suit properties. Accordingly, 2nd respondent prayed for dismissal of the Suit.