SARASWATHI Vs. M PALANIVELU

JUDGEMENT

(1.) The plaintiff is the revision petitioner. The revision is filed challenging the order of the Learned Subordinate Judge, Tiruchengode in I.A.No.376 of 2009 in O.S.No. 118 of 2008 in and by which the Learned Judge had dismissed the application filed by the revision petitioner seeking to amend the plaint.

(2.) The suit in O.S.No.1634 of 2002 was originally filed by one Devarajan husband of the first petitioner herein and the father of the second and third petitioners for declaring his title to the suit property and for a consequential decree for permanent injunction.

(3.) It was his case that the suit properties belonged to him and his children as a joint Hindu undivided family. He was engaged in the business of rig operation and for this purpose had approached the financiers for the loan, before granting the loan the financiers had insisted upon the deceased plaintiff executing a registered mortgage with reference to his properties. The deceased plaintiff as under the impression that he was executing this mortgage deed only as a security. In October 2002 he, all of a sudden, came to know that the defendants were going around the village stating that the plaintiff had sold the suit property to them. On verifying with the Sub Registrar Office, the deceased plaintiff was shocked to note that a power of attorney had been obtained in the name of the second respondent and on the basis of the same, the sale deed had been fraudulently created. It was his further case that the respondents started disturbing his possession and therefore left with no other alternative, he was constrained to file the suit.