KAVITHA RANI Vs. G.MOHANAMBAL

JUDGEMENT

(1.) The defendants 3 to 5 in OS No. 405 of 2012, on the file of District Munsif, Alanthur are the petitioners herein. They have preferred this Civil Revision Petition and pleased to strike of the above referred plaint.

(2.) The respondents 1 to 3 in this Civil Revision Petition has filed the suit as against the revision petitioner and the respondents 4 to 8, seeking the relief of declaration declaring that the various sale deeds dated 23.03.1988, 10.05.1993, 09.06.1993, 22.11.2004, 29.03.2004, 25.02.2005, 23.01.2006, 01.04.2005 and 07.10.2010 are null and void. They have also prayed to pass an order of mandatory injunction directing the 8th defendant not to register the ratification deed dated 10.01.2012 and for permanent injunction restraining the defendants, their men, servants, agents and others in any manner encumbering the suit schedule property.

(3.) According to them, the present suit schedule property belongs to one Mr.Gopal Pillai. After the demise of the said Gopal Pillai, his legal heirs Sabapathi Pillai, Ganapathi Pillai and Santhiappa Pillai, inherited the said property. Patta has also been issued in favour of the plaintiffs family. The said Ganapathy Pillai had settled the portion of property measuring an extent of 1 acre and 0.50 cents each to his sons G.Radhakrishnan and G.Ravikumar vide two settlement deeds dated 17.08.2006. Only in that occasion, some third parties without any right had created some forged and fabricated documents in respect to the suit schedule properties, as if one Thangammal had executed General Power of Attorney Deed, dated 10.05.1993 in favour of Mr. Sundaresan to deal with the suit property. The said Sundaresan illegally and without any title had sold out the portion of the suit property in favour of various persons. The defendants 1 to 3 with an ulterior motive without any right and title have encumbered the property for unlawful gain and subsequently sold the property in favour of Mr.Chandrasekar and Mr.Udhayakumar. Since the subsequent documents executed by those persons are all forged and thereby the relief of declaration declaring the said sale deeds are null and void, is necessary. Only in the said circumstances, the defendants 3 to 5 had knocked the door of this Court for striking out of the above said plaint.