KALYANASUNDARAM Vs. S. RAMANATHAN AND ANOTHER

JUDGEMENT

(1.) The defendants in the suit for declaration, recovery of possession and permanent injunction filed by the plaintiff, are the revision petitioners and they filed this Civil Revision Petition as against the dismissal order of the petition filed by them to reject the plaint under Order 7, Rule 11 r/w 151 C.P.C., which was decided as preliminary issue as per the direction of this Court in C.R.P.(PD).No. 1727 of 2017 dated 08.12.2017.

(2.) It is the case of the revision petitioners that the plaintiff / respondent herein claimed title from Inam Settlement Deed dated 14.03.1996. The entire measurement mentioned in the plaint plan is totally wrong which is against the Inam settlement deed measurement. According to the revision petitioners, the suit property was purchased by the father of the 2nd defendant in the name of the 2nd defendant during the year 1982 under a registered sale deed. The defendants / petitioners had constructed a house with compound wall in the suit property and their possession was also admitted by the respondent / plaintiff. The plaintiff had filed the suit without impleading the actual encroacher but against the revision petitioners and there is no cause of action arose against the revision petitioners and there is no pleading with regard to the title of the plaintiff in the cause of action paragraph and hence the plaint has to be rejected for want of cause of action. Hence the revision petitioners filed I.A No.12 of 2012 to take up the issue of cause of action as preliminary issue and reject the plaint under Order 7, Rule 11 CPC.

(3.) In support of his contention the learned counsel for the petitioners has relied upon the following judgments: