K THANGAVELU Vs. ARULDEVI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the petitioners herein/defendants 1, 6 & 7 to set aside the Order dated 01.10.2007 in I.A.No.14597 of 2007 in O.S.No.6602 of 2004 on the file of the V Assistant Judge, City Civil Court, Chennai.

(2.) THE defendants 1,6 and 7 in O.S.No.6602 of 2004 are the revision petitioners herein. THE suit in O.S.No.6602 of 2004 has been filed by the respondents 1 and 2 herein for a declaration to declare that the land and superstructure described in the plaint schedule absolutely belongs to the second plaintiff(Second respondent herein) and for a direction directing the revision petitioners (Defendants 1,6 and 7) to quit and deliver possession and further directing the defendants 2 to 5 in the suit (respondents 3 to 6) to deliver possession by attorning tenancy in favour of the second plaintiff(second respondent herein).

(3.) THE first defendant filed a written statement stating that he purchased the suit property from the allottee Thiru.Mariappan for a sum of Rs.6,000/- in October,1981, out of the amount of Rs.4,000/- received from his younger sister's husband. It is he who put up the entire construction after obtaining PF loan and other loans from his employer. After getting the absolute sale deed on 20.11.2002 from the Tamil Nadu Slum Clearance Board, he executed a deed of gift dated 23.12.2004 in favour of his daughters viz., 1)T.Anandhi and 2)Santhanalaxmi, the defendants 6 and 7 in the suit. According to the first defendant, the second plaintiff created a forged document of settlement deed dated 05.11.2004 in respect of the suit property in favour of the first plaintiff.