S,PREUMAL Vs. R.SARASWATHI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and executable order, dated 10.11.2009, made in I.A.No.205 of 2009 in O.S.No.15 of 2009, on the file of the II Additional Subordinate Court, Nagercoil.

(2.) The petitioner is the plaintiff. The first respondent is the third party to the suit in O.S.No.15 of 2009 and petitioner in I.A.No. 205 of 2009. The respondents 2 to 6 are the defendants 1 to 5. The petitioner filed the suit in O.S.No.15 of 2009 before the Subordinate Court, Nagercoil, for declaration to declare that the sale deed, dated 15.07.1986, executed by the respondents 2 to 4/defendants 1 to 3 in favour of the fifth respondent/fourth defendant and also to declare that the sale deed, dated 28.06.2004, executed by the fifth respondent/fourth defendant in favour of the sixth respondent/fifth defendant as null and void and for demarcation of the plaint schedule property by appointing an Advocate Commissioner with the assistance of Taluk Surveyor and also for permanent prohibitory injunction restraining the respondents 2 to 6/defendants and his men or agents or anybody claiming under him from altering the physical features or putting up any new construction or any structure affecting the right of title, possession and enjoyment of the petitioner/plaintiff over the plaint schedule property or from interfering with the petitioner's possession and enjoyment over the plaint schedule property.

(3.) The first respondent filed I.A.No.205 of 2009 to implead her as sixth defendant in O.S.No.15 of 2009. According to her, she has right in the suit property to the extent of 600 square links. One Parvathiammal was the original owner of 2 ? cents and after her death, her four daughters, viz., Valliammal, Ramalakshmi [mother of the first respondent], Aachiammal and Sivani @ Gomathi are entitled to 600 square links each in the said property. The first respondent's mother - Ramalakshmi was entitled to 600 square links. Valliammal, one of the daughters of Parvathiammal, sold 1 ? cents to one Nambi Narayanan on 106.1975. On the date of sale, the said Valliammal has no right to sell more than 600 square links. The sale deed executed by Valliammal in favour of Nambi Narayanan is not legal and valid document and it is only a sham and nominal document, which is not supported by any consideration. The first respondent's mother - Ramalakshmi executed a settlement deed on 15.07.1989 in respect of 600 square links in favour of the first respondent. The entire revenue records stand in the name of the first respondent. The petitioner on the basis of the forged sale deed, dated 15.12.1983, trespassing into the property of the first respondent. Therefore, the mother of the first respondent filed a suit in O.S.No.830 of 1984 against the petitioner and Nambi Narayanan, for permanent injunction. Subsequently, there are several litigations are pending against the same parties. On 09.07.2009, the first respondent met one Rajammal, who is the fourth respondent herein/third defendant informed about the present suit filed by the petitioner against the respondents 2 to 6. The petitioner filed O.S.No.261 of 2003 before the Principal District Munsif Court, Nagercoil, for permanent injunction against the first respondent herein and her brother Sethuraman. The said suit was dismissed for default. Suppressing the said fact, the petitioner filed the present suit for the very same property. Therefore, the petitioner is necessary and proper party to the suit.