C V RAMBABU Vs. V C JAYANTHI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the Order dated 20.10.2006 made in LA. No.131 of 2006 in O.S. No.632 of 2001 on the file of the Additional District Munsif Court, Madurai Town.

(2.) THE petitioner, who is a plaintiff in O.S. No.632 of 2001 on the file of the Additional District Munsif Court, Madurai Town, has filed the above Suit seeking permanent injunction restraining the respondent/defendant from interfering with his peaceful possession. In the said Suit, the respondent herein filed a Written Statement by stating that the Suit filed without seeking to set aside the Sale Deed dated 05.11.1990 is not maintainable. In order to meet the technical objection, the petitioner filed an Application in I.A. No.131 of 2006 for amending the Plaint to include the prayer for declaration that the Sale Deed dated 05.11.1990 is not binding on the plaintiff, as the same was sham and nominal.

(3.) THE learned counsel for the petitioner submitted that the Sale Deed dated 05.11.1990 itself was cancelled in the year 2000 and as per the Judgment of a Full Bench of this Court in the decision in Hi. Sheet Industries v. Litelon Limited, 2006 (5) CTC 609, the Sale Deed having been executed at Parasala in Trivendram District, Kerala State, is not valid. THE learned counsel for the petitioner further submitted that while ordering amendment, the question of limitation, if any, can also be left open to be decided in the main Suit or else the Amendment Application can be ordered from the date of filing of the Amendment Application.