T PARAMASIVAM Vs. N BABU

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree of the Additional District Judge, Villupuram, dated 08.08.2001, made in A.S.No.101 of 2000, confirming the judgment and decree of the Principal District Munsif, Villupuram, dated 14.08.2000, made in O.S.No.522 of 1996.

(2.) FOR the sake of convenience, the parties in this appeal are hereinafter described as plaintiff and the defendants, respectively, as dealt with by the trial Court.

(3.) IN the written statement filed on behalf of the first defendant, it had been stated that the first defendant had executed a sale deed, dated 02.01.93, in favour of the plaintiff, after having received a sum of Rs.67,000/- as consideration. The first defendant had not signed the said document. There was no necessity, whatsoever, for the first defendant to sell the suit property to the plaintiff. It is only with the malafide intention, the plaintiff had presented the alleged sale deed, before the registering authorities, taking advantage of the relationship existing between the plaintiff and the first defendant. There was no notice issued from the Registration Department to the first defendant, nor has the first defendant received any such notice. Therefore, the first defendant had not appeared before the authorities of the Registration Department for any enquiry. On 24.02.1993, the first defendant had sold the suit property to the second defendant for a valid consideration and he had also handed over possession of the suit property to the second defendant. The sale deed had been registered, on 25.02.1993. Only after coming to know of the said sale, the plaintiff had fabricated a pre-dated document alleging it to be a sale deed executed by the first defendant in favour of the plaintiff. Since there is no cause of action in favour of the plaintiff his claims for declaration and for recovery of possession have to be rejected.