DHANALAKSHMI Vs. KARUPPAYEE

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition to allow the C.R.P and to set aside the order and decretal order dated 11.04.2012 made in I.A.No.892 of 2011 in O.S.No.453 of 2011 on the file of Principal District Munsif Court, Namakkal.

(2.) The Plaintiff is the revision petitioner. The plaintiff/petitioner filed the suit for permanent injunction. According to the revision petitioner, she has purchased the suit property from her husband Palanichamy under a registered sale deed dated 13.12.1994. The suit properties are situated with the registration department of Sub-Registrar, Paramathi, however, the plaintiff and her husband registered the sale deed at Parassala Sub-Register Office at Kerala State. Thereafter she is in absolute possession and enjoyment over the suit property. Since the respondent herein who has no right whatsoever with respect of the suit property attempted to interfere with the possession of the revision petitioner, she filed the above suit for permanent injunction.

(3.) It is the case of the respondent that he entered into an agreement of sale with the husband of the plaintiff with respect of the suit schedule property on 18.05.1994. Since the plaintiff's husband failed to execute the sale deed in favour of the defendant, she filed a suit for specific performance against the said Palanisamy in O.S.No.523 of 1994 and the same was decreed on 21.01.1997. Against which the plaintiff's husband filed appeal in A.S.No.62 of 1997 and the same was dismissed on 28.11.1997. As against the same, a second appeal was filed in S.A.No.706 of 1998 and the same was also dismissed on 27.08.2008 by this Court. Thereafter the respondent herein filed E.P.No.57 of 2011 to execute the sale deed.