K. KRISHNAMMAL Vs. C.S. MOHAN

JUDGEMENT

(1.) Aggrieved by the dismissal of the transfer petition, the petitioner/plaintiff has filed this revision petition.

(2.) The revision petitioner is the plaintiff in O.S. No. 15/2016 filed against the 1st respondent/defendant before the Additional District Judge, Nagercoil, for cancellation of the sale deed dated 31.12.2012 registered as Document No. 2091/2012 on the file of Sub Registrar Office, Thovalai. She has also filed O.S. No. 45/2017 against the 2nd respondent/defendant before the I Additional Sub Judge, Nagercoil, for cancellation of the sale deed dated 31.12.2012 registered as Document No. 2092/2012 on the file of Sub Registrar Office, Thovalai. Pending the above suits, the petitioner filed Tr. O.P. No. 214 of 2018 before the Principal District Court, Kanyakumari District at Nagercoil, seeking to transfer O.S. No. 45/2017 from the I Additional Sub Court, Nagercoil, to the Additional District Court, Nagercoil, to be tried along with O.S. No. 15/2016, contending that the cause of action in both the suits arose on 31.12.2012 on which date, both the respondents jointly made the petitioner to sign the stamped papers and got two sale deeds executed in their favour and if two suits are tried separately, there may be conflicting judgments. The Court below holding that both the suits are filed against different persons and therefore, the finding in one suit will never operate as res judicata in the other suit, dismissed the transfer petition, against which, the petitioner has filed this revision petition.

(3.) Learned counsel for the petitioner would submit that the Court below failed to consider that though the defendant in both the suits are different persons, they are brothers and the suits have been filed to cancel the fraudulent sale deeds jointly obtained by them from the petitioner. He would further contend that pleadings and evidence in both the suits are one and the same and therefore, to avoid conflicting decisions, the Court below ought to have ordered for transfer. Thus, he would pray for allowing this revision petition.