CHRISTY MAYBEL SWEETLIN Vs. S. M. YAHUB

JUDGEMENT

(1.) THE petitioners filed I.A.No.95 of 2007 in O.S.No.16 of 2007 on the file of the Principal District Court, Tirunelveli. It is the suit for partition filed by the plaintiffs/1 to 5 respondents. Both the parties namely, the plaintiffs and defendants appeared before the Court and expressed their consensus for passing the preliminary decree and accordingly a preliminary decree was passed by the trial Court. Thereafter, the respondents filed interlocutory application in I.A.No.71 of 2007 for passing of final decree. At this juncture, these petitioners filed the present petition for impleading them as parties.

(2.) THE original owner of the property is one Mohammed Nagoor Meeran Sahib who purchased the properties by means of registered sale deed dated 4.6.1908. Afterwards his legal heirs were in possession of the properties. It is the claim of the petitioners that they are purchasers by means of three different sale deeds from the vendors who in turn purchased them from the legal heirs of the above said original owner. They have also to be impleaded as parties to the final decree proceedings, which is their claim.

(3.) THE above said petition was resisted by the respondents/plaintiffs before the Court below by stating that they do not have any right over the suit properties and they are attempting the confuse the issue. The learned Principal District Judge, Tirunelveli dismissed the application for impleadment by observing that in the absence of valid proof to show the particulars of the sale deeds with reference to 5 acre two cents in S.No.483/3, the petitioners cannot plead that they are the owners of the properties.