MARIAMAL AND OTHER Vs. M. CHELVI AND OTHER

JUDGEMENT

(1.) The first respondent herein has filed a suit in O.S.No.156 of 2012 alleging that the second respondent has borrowed a sum of Rs. 1,75,000/- by mortgaging the suit property and the mortgage deed was registered before the Sub Registrar, Edappai on 12.7.2005. Now, the first respondent has filed the suit for recovery of money with he strength of mortgage deed. Originally, the suit property was allotted to the first petitioner's husband by way of partition deed, dated 30.10.1981 between his father and brothers. Nallathambi, father of the defendant/second respondent herein died intestate on 3.7.2004 leaving behind his wife, daughters, petitioners herein and two sons namely Rajendran and Senguttuvelu, the second respondent herein. Since the suit property is ancestral property, the second respondent has no right to mortgage the property on his own without the knowledge of the petitioners herein and other coparcener. However, the second respondent is trying to snatch away the entire property with the connivance of the first respondent. Further, the petitioners have filed a suit for partition in O.S.No.75 of 2014 for the very same property and the same is pending before the very same court. However, the trial court erroneously dismissed the application. Hence, the petitioners have filed the present Civil revision petition before this Court.

(2.) According to the learned counsel for the petitioner, petitioners are also having right over the suit property. Therefore, they are necessary parties in the aforesaid suit. In order to avoid multiplicity of proceedings, the petitioners are necessary parties in the present suit.

(3.) Per contra, the learned counsel for the respondent/defendant would submit that the first respondent/defendant mortgaged the property, the petitioners are not necessary parties in the present suit. According to the counsel for the respondent/defendant to decide whether the petitioners are necessary parties in the suit, the doctrine of dominus litus would attract in the present case.