S GUNASEELAM Vs. C VALARMATHI

JUDGEMENT

(1.) This Civil Revision Petition is filed to strike off and to reject the plaint in O.S. No. 98 of 2008 on the file of the learned District Munsif Cum Judicial Magistrate, Andipatti.

(2.) The brief facts, which are essential for the disposal of this Civil Revision Petition, are as follows: The suit has been filed by the 1 st respondent/plaintiff against the petitioner and the respondents 2 and 3 for declaration of her title and for consequential relief of injunction. The suit schedule property is described as S. No. 892/2 4 acres 80 cents situated at Sanmugasundrapuram Village. The 2nd respondent/2nd defendant is the daughter of the petitioner/1st defendant and the 3rd respondent/3rd defendant is the power agent of the 2nd respondent. The 1 st respondent has traced her title to the suit lands on the basis of the sale deed executed in favour of one Rasu Thevar by one Thayammal and the 1st respondent has also referred to the earlier litigation in O.S. No. 354 of 1961, A.S. No. 144 of 1962 and S.A. No. 1023 of 1964.

(3.) The said Thayammal is the original owner of an extent of 6.20 acres in S. No. 892, 2.77 Acres in S. No. 880 and 1.57 acres in S. No. 881 of Sanmugasundarapuram Village, Andipatti Taluk. She has executed a sale deed dated 4.5.1956 to Seeni Thevar registered as document No. 589 of 1956 for 4.80 acres in S. No. 892 and she had also executed a sale deed dated 3.8.1961 to Rasu Thevar registered on 28.11.1961 for 2.77 acres in S. No. 880, 1.57 acres in S. No. 881 and 0.40 acres in S. No. 892, excluding the land sold to the Seeni Thevar. One Thangaraj and Seeni Thevar filed a suit in O.S. No. 354 of 1961 against Thayammal and Rasu Thevar for declaration and injunction with regard to 2.77 acres in S. No. 880, 1.57 acres in S. No. 881 and 0.40 acres in S. No. 892. The said suit was dismissed on 6.10.1962 and the appeal filed in A.S. No. 144 of 1962 was allowed on 30.9.1963, as against which, Thayammal and Rasu Thevar filed S.A. No. 1023 of 1964 and the same was dismissed on 10.7.1964.