HEMANAKUMAR Vs. D MELVINKUMAR

JUDGEMENT

(1.) The plaintiff in O.S No.593 of 2008 on the file of the Principal District Munsif Court, Nagercoil, Kanyakumari District is the revision petitioner herein. The suit was filed for the relief of permanent prohibitory injunction restraining the first defendant and his men and agents from disturbing the plaintiff's peaceful possession and enjoyment over the plaint schedule property. The plaintiff filed I.A No.513 of 2015 for amending the plaint. In the affidavit filed in support of I.A No.513 of 2015, the plaintiff submitted that he filed the injunction suit on the strength of a settlement deed No.1812 of 2008, dated 08.05.2008, executed by the second defendant in his favour and that he has come to know that the said settlement deed has been cancelled. Since certain subsequent documents have been executed, the plaintiff thought it necessary to seek three additional declaratory reliefs. In particular, he wanted declaration of his right to title, possession and enjoyment over the suit property as per the settlement deed dated 08.05.2008. He also contended that the cancellation deed dated 04.06.2008 would not bind him. The third declaratory relief that was sought was that the sale deed dated 07.10.2008 executed by the second defendant in favour of the first and fourth defendants is illegal, null and void. The court below by order dated 09.08.2016 dismissed the said I.A. Questioning the same, this civil revision petition has been filed.

(2.) Heard the learned counsel on either side.

(3.) At my express request, Shri.R.Vijayakumar, the learned counsel also made elaborate submissions with regard to the issues that arose for consideration in this civil revision petition. All the three counsel, namely, Shri.R.Vijayakumar, Shri.V.Meenakshisundaram and Shri.H.Arumugam filed their written submissions. I must place on record my sincere appreciation as well as gratitude to all the three learned counsel for the thoroughness with which they discharged their professional duties.