NARAYANASAMY REDDIAR Vs. TMT MUNIAMMAL

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 03.11.2005 made in I.A. No. 528 of 2005 in O.S. No. 31 of 2004, on the file of the Second Additional District Munsif Court, Dindigul, dismissing the application filed under Order 12, Rule 2, r/w Section 151 of C.P.C. and thereby declining to receive the document of Panchayat Muchalika filed by the first defendant.

(2.) The respondent / plaintiff filed suit for declaration and permanent injunction to declare her 1/3rd right in the well in S. No. 156/4 and the land thereon - 16 cents and 5 HP electric motor pumpset and the service connection thereon.

(3.) The case of the respondent / plaintiff is that in the Partition Deed dated 21.12.1974, the suit property was allotted to the share of the second defendant and the second defendant sold the share in favour of Peter Mariya Sigamani by sale deed dated 10.10.1991 and the said Peter Mariya Sigamani sold the suit property and other properties to the plaintiff and one Natarajan on 18.11.1999. On 19.11.2003, Natarajan sold his half share in favour of the plaintiff and thus, the plaintiff claims to be entitled to 1/3 rd share in the well and the land thereon. Alleging that the defendants are interfering with her possession and enjoyment of the suit well and the pumpset, the plaintiff has filed the suit.