RAMACHANDRAN Vs. KRISHNAMURTHY

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decreetal order dated 14.06.2011 in I.A.No.153 of 2010 in O.S.No.25 of 2008 on the file of the Subordinate Judge, Mannargudi.

(2.) The petitioner is the first defendant, first respondent is the plaintiff and the respondents 3 to 5 are the legal heirs of deceased second respondent/second defendant. The first respondent filed suit in O.S.No.25 of 2008 for specific performance of agreement of sale dated 10.02.1991 against the petitioner and deceased second respondent or in alternative direct the petitioner to refund the advance amount together with interest @ 6% per annum. The petitioner filed I.A.No.153 of 2010 under Order II Rule 2, Order VII Rule 11 and Section 151 CPC for rejection of plaint.

(3.) According to the petitioner, the suit is barred by provisions of Order II Rule 2 CPC. The first respondent earlier filed O.S.No.52 of 2005 for permanent injunction restraining the petitioner from selling the suit property in breach of sale agreement dated 10.02.1991 in favour of any third parties and restraining the petitioner and others from interfering with his peaceful possession. He also filed O.S.No.55 of 2005 for injunction restraining the petitioner and second respondent from interfering with his peaceful possession and enjoyment of the suit property and injunction restraining the petitioner and second respondent from trespassing into the suit property or removing the trees planted for the purpose of fencing.