S.LENIN Vs. K.ANGAMMAL

JUDGEMENT

(1.) This civil revision petition has been filed against the order dated 11.07.2019 passed by the Principal District Munsif at Alandur in Unnumbered O.S.S.R.No.6678 of 2019.

(2.) In the Court below, the petitioner has filed the said suit seeking for a permanent injunction against the defendants/ respondents herein and has sought for the following prayer:

(3.) Having considered the same, the learned Judge, in the impugned order, has expressed the view that, there has been no cause of action arose for filing the suit and moreover, under Section 55 of the Transfer of Property Act, certain rights and liabilities of buyer and seller have been stated, whereby, the seller's liability, as enumerated therein, cannot be given a go by and therefore, the defendants, who are the purchasers of the property from the plaintiff if at all seek any information in respect of the property concerned, it is a duty of the seller i.e., the plaintiff to give such information within the meaning of Section 55 of the Transfer of Property Act. The learned Judge also has stated in the impugned order that, the suit cannot be filed on presumption and assumption and there was no cause of action for filing the suit, hence, the same can be rejected by invoking Order VII, Rule 11(a) of C.P.C. and the same was accordingly rejected as unnumbered suit, through the impugned order.