D MUTHURANGAN Vs. BABY AMMAL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decretal order on the file of the Additional District Munsif, Poonamallee, in I.A.No.891 of 2012 in O.S.No.643 of 2001 dated 14.03.2013 in allowing the application for amendment.

(2.) The petitioners are the defendants 2 to 4 and respondent is the plaintiff in O.S.No.643 of 2001 on the file of District Munsif Court, Poonamallee. The respondent filed the said suit for declaration and injunction against one Raniammal. The said Raniammal/first defendant died, subsequently the petitioners were impleaded as defendants 2 to 4. According to the respondent, the father of the respondent and first defendant Raniammal was the owner of 1 Acre 21 cents. Her father has settled 60 = cents on her and 60 = cents on the first defendant. From the date of settlement, they are in possession and enjoyment of the property by cultivating the same, that the suit properties are agricultural land and the respondent is cultivating the said property and paying the kist separately and first defendant is paying kist separately to the Revenue Department. The Adangal and the Chitta are in her name. The petitioners 1 and 2 who are the sons of first defendant tried to trespass into the suit property and they claimed to be the owner of the suit property. Hence, the respondent filed the suit for declaration and injunction. In the year 2008, the petitioners 1 and 2 trespassed into the suit property and dispossessed the respondent and let out the property to Larsen and Tubro Ltd., Manapakkam. The respondent issued notice to the Larsen and Tubro Ltd., Manapakkam not to put up any construction in the suit property and filed two applications for interim injunction and to amend the plaint. The said two applications were dismissed stating that the suit is for declaration of title and proposed party, who is alleged to be a tenant is not at all proper party for adjudication. The petitioners have filed written statement on 17.08.1999 and are contesting the suit.

(3.) Earlier, the petitioners have filed O.S.No.440 of 1999 on the file of Additional District Munsif Court, Poonamallee for permanent injunction against the respondent in respect of the suit property.