SARASWATHY Vs. RAMAIYA NADAR

JUDGEMENT

(1.) THE Civil Revision Petition has been filed against the order of Principal District Judge, Nagapattinam, in C.M.A.No3/96 confirming the order of the learned District Munsif, Thiruthuraipoondi, in I.A. No. 1161/95 in O.S. No. 249/95.

(2.) THE facts giving rise to the present Civil Revision Petition are as follows: One Ganesa Nadar had six sons. THE eldest son Ramaiah is the plaintiff in the suit and the respondent in the Civil Revision Petition. THE petitioners are respectively the first and the second defendants in the suit being the widow and son of Sarangapani, brother of the respondent. THE case of the respondent in the suit is as follows: Ganesa Nadar died intestate. THE lands were divided. Only the suit building was kept in common. This was pursuant to an oral partition. THE resppondent/plaintiff was in management, realising rent, paying taxes, etc. THEre is a vacant site between two portions of the suit building. THE revision petitioners/defendants either jointly or individually have entered into an agreement withe the third defendant in the suit one Panneerselvam and the second respondent in the Civil Revision Petition for sale of the suit property. THE Revision Petitioners have no right to sell the suit property. THE suit has therefore been filed for an injunction restraining, the Revision Petitioners from entering into any agreement or selling or otherwise alienating the property.

(3.) TWO Courts have concurrently held that the first respondent had made out a case for injunction pending suit. No doubt, the suit itself is one for permanent injunction and the permanent injunction is prayed for against co-owners.