MRS. LALITHA Vs. MR. SUNDAR

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and final order dated 16.02.2017 made in I.A. No.241 of 2015 in O.S. No.02 of 2015 on the file of the District Munsif Court, Coonoor.

(2.) The petitioner is the second defendant, first respondent is the plaintiff and the second respondent is the first defendant in the suit in O.S.No.02 of 2015 on the file of the District Munsif Court, Coonoor. The first respondent/plaintiff filed the above suit for declaration to declare that the sale deed executed by the second respondent/first defendant in favour of the petitioner/second defendant dated 15.07.2013 as null and void.

(3.) According to the first respondent, he purchased the suit property in the year 2000 in the name of his wife / 2nd respondent herein, out of love and affection and for the benefit of wife and children. The property was purchased to construct a residential house, after obtaining loan from a Nationalised Bank. However, in the year 2002, due to some misunderstanding, the second respondent left the matrimonial home and took away the original sale deed in respect of the suit property. The first respondent, coming to know of intending sale by the second respondent, in favour of the petitioner, issued legal 10.07.2013 to the petitioner. The petitioner having received the notice, did not send any reply. Knowing full well that the second respondent herein has no title over the property, the petitioner herein purchased the same by deed of sale dated 15.07.2013 and hence the same is invalid and null and void.