SOMASUNDARAM CHETTIAR Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) 1. The impugned order dated 27. 2. 1997 in I. A. No. 1059 of 1996 in O. S. No. 172 of 1996 on the file of District Munsif s Court, virudhunagar, dismissing the application for impleading the second petitioner herein, is challenged before this Court in this revision.

(2.) THE respondent herein filed the suit for permanent injunction restraining the defendant, the first petitioner herein from interfering with his possession and enjoyment of the property, claiming himself as the adopted son of Gurusamy Chettiar and Guruvammal. THE defendant, the first petitioner herein disputed the alleged adoption and contended that the said Guruvammal executed a Will on 21. 2. 1985 in favour of one Dhanalakshmi ammal, who is the second petitioner herein and that after the death of the said guruvammal, the second petitioner herein handed over the properties to the possession of the first petitioner after entering into an agreement of sale. During the course of trial, the first petitioner herein filed the application impleading the second petitioner as the proposed second defendant, in whose favour the Will had been executed, as a necessary party. This application has been dismissed by the Court below in upholding the objection by the respondent herein. Hence, this revision.

(3.) IT was objected by the plaintiff through the counter stating that relating to the title of the property her case is that she got the title through the will and if so, she should file a separate suit and that she cannot step into the shoes of the defendant in this case.