T S KRISHNAMOORTHY Vs. M BALASUBRAMANIAN

JUDGEMENT

(1.) THE revision has been preferred under Article 227 of Constitution of India for quashing the decree and Judgment dated 30. 11. 1988 made in O. S. No. 9641 of 1988 on the file of XII Assistant Judge, City Civil Court, Chennai.

(2.) THE grievance of the revision petitioner is that one C. Krishnamoorthy had executed a sale deed in respect of the property purchased by him under the sale deed dated 21. 7. 1978 to the revision petitioner. O. S. No. 9641 of 1988 was filed by one Marimuthu Chettiar, father of the respondent herein against C. Krishnamoorthy, the vendor of the revision petitioner herein under the sale deed dated 21. 7. 1978. The said suit was filed for declaration that the sale deed dated 22. 7. 1983 said to have been executed by one V. Ramesh in favour of the plaintiff Marimuthu Chettiar is valid and binding on the defendant. . In the said suit the defendant viz. , C. Krishnamoorthy, the vendor of the revision petitioner under the sale deed dated 21. 7. 1978 has submitted to a decree.

(3.) THE grievance of the revision petitioner is that the sale deed dated 22. 7. 1983 relates to the same property sold to the revision petitioner under the sale deed dated 21. 7. 1978 executed by the said C. Krishnamoorthy, the defendant in O. S. No. 9641 of 1988. Admittedly the decree in O. S. No. 9641 of 1988 was passed on 30. 11. 1988. Now after an elapse of 19 years, the revision petitioner has come forward with this revision petition seeking for a remedy from this Court under Article 227 of Constitution of India to quash the proceedings in O. S. No. 9641 of 1988.