T K CHINNASAMY PILLAI Vs. S RAJASEKAR

JUDGEMENT

(1.) The revision petitioners are the defendants 1 to 4 in the suit in O.S.No.54 of 2010 on the file of the Subordinate Court, Sivagangai and in the suit, the plaintiff / 6th respondent herein, namely, Sivagangai Samasthanam Devasthanam had sought for recovery of possession. During pendency of the suit, the revision petitioners / defendants 1 to 4 have filed an application in I.A.No.947 of 2013 for rejection of the plaint under Order VII Rule 11(a) and (b) of CPC and the said application was dismissed on the ground that the question regarding non-transfer of properties to the plaintiff, can be gone into only at the time of witness examination. Challenging the said order,the petitioner are before this Court.

(2.) It was the case of the revision petitioners that the properties described in the agreement dated 28.03.1955 were not sold by them to the plaintiff. The suit was improperly valued by abusing the concession given to the religious institution. It was the further case of the petitioners that when the properties, which were created for security purpose, were not transferred to the plaintiff. In the absence of any cause of action shown by the plaintiffs to maintain the suit, no useful purpose would be served in keeping it pending forever.

(3.) The revision petitioners stated that in the plaint, it was stated that the defendants 1 to 4 had sold the suit properties to other defendants through Ex.A11 and A23, but however, the properties mentioned in Ex.A11 and Ex.23 with that of the property in Ex.A1 were not identifiable. Moreover, the plantiff Devasthanam cannot be stated to be a religious institution and therefore, it cannot escape from its liability from payment of adequate Court