MUTHUPANDI Vs. THANGAPANDIAN

JUDGEMENT

(1.) The instant Civil Revision Petition is filed by the Revision petitioners as against the dismissal of impleading Petition seeking to implead the 2nd Petitioner herein as 2nd plaintiff in the suit for declaration and permanent injunction filed by the 1st Petitioner herein against the Respondents herein.

(2.) The case of the Revision Petitioners is that the 1st petitioner herein as plaintiff filed the suit in O.S.No.436 of 2013 on the file of the Additional District Munsif Court, Sankarankovil for declaration and permanent injunction. According to the Plaintiff/1st Petitioner, he has purchased the suit property under a registered sale deed dated 21.01.2013 from one Nanbirajan. After purchase, he has also mutated the Revenue records in to his name. Pending suit, he sold the suit property to the 2nd Petitioner herein for a valid sale consideration by way of registered sale deed dated 25.11.2014. Since the 2nd Petitioner purchased the suit property, he filed an application in I.A.No.8 of 2015 in O.S.No.436 of 2013 to implead himself as 2nd plaintiff in the suit so as to enable him to prosecute the suit further in the place of the 1st plaintiff.

(3.) The above said impleading application was objected by the Respondents herein, contending that the lis is between the 1st Petitioner herein and the Respondents herein. The 2nd Petitioner herein is not a bonafide purchaser and the alleged sale deed dated 25.11.2014 is not a valid one in the eye of Law. The Petition is filed only to delay the disposal of the suit. Further, the purchase of the suit property by the 2nd Petitioner herein is hit by the Lispendence U/Sec. 52 of the Transfer of Property Act. Hence the Respondents prayed to dismiss the impleading Petition.