T K CHINNASAMY PILLAI Vs. THANGAMMAL

JUDGEMENT

(1.) The revision petitioner is the plaintiff in the suit in O.S.No.84 of 2005 on the file of the Principal District Munsif, Manamadurai, filed seeking, inter alia, handing over the vacant possession of the suit property and various other reliefs.

(2.) Pending disposal of the suit, the plaintiff took out an application in I.A.No.439 of 2017 in O.S.No.84 of 2005, seeking to pass a judgment and decree enabling the plaintiff to recover possession of the suit property from the defendants on the basis of their admissions made in the written statement under Order XII Rule 6 of C.P.C. and said application was dismissed by the trial court, on the ground that bona fide of the agreement could be established only after the conclusion of the trial. Aggrieved by the said order, the present revision petition has been filed.

(3.) It is the case of the revision petitioner that he is the Power Agent of the plaintiff and the main suit was filed for recovery of possession from the defendants 1 and 2, who are tenants, and the 3rd defendant, who claims to be the purchaser of a portion of the suit property.