M.JEYAMARY Vs. M.JOSEPH

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the order passed by the Court below dismissing the application filed under Order 7 Rule 11 (d) of the Code of Civil Procedure to reject the plaint. The petitioner is the defendant in the suit. The respondent / plaintiff filed a suit against the petitioner seeking for the relief of permanent injunction restraining the petitioner from alienating or encumbering the suit property till her life time. It is clear from the pleadings made in the plaint that the right as claimed by the plaintiff was based on the Will dated 21.06.1982.

(2.) The case of the plaintiff is that there was a son born to the defendant namely Arokiasamy and he died in a road accident on 06.07.2004. Therefore, on the death of the said Arokiasamy, the only right that is left to the defendant is the life estate given under the Will and after her life, the property will come back to the plaintiff.

(3.) The defendant filed a written statement. A petition for rejection of plaint was filed by the defendant on the ground that the relief sought for by the plaintiff is barred by law, since the property has absolutely vested with the defendant and the plaintiff has no right over the property and therefore, he cannot seek for the relief of permanent injunction.