RAMIAH ASARI Vs. KURSHAD BEGAUM

JUDGEMENT

(1.) SEVENTH defendant in O. S. No. 94 of 1997 on the file of District Munsif Court , Madurai town is the revision petitioner herein. This revision is filed under Article 227 of Constitution of india.

(2.) MATERIAL facts which necessitated filing of this revision could be summarised thus: Respondents herein filed O. S. No. 1459 of 1996 on the file of District Munsif Court , Madurai against petitioner. Suit was one for permanent prohibitory injunction restraining defendants, their man and agents from interfering with the peaceful possession and enjoyment of suit property therein. Property covered by suit is included in resurvey Nos. 12/1, 12/2, and 12/3. It is not disputed that injunction application filed by plaintiff was dismissed and the matter was taken in C. M. A. and the same was also not successful. It is also not in dispute that a revision was taken against that order which was also dismissed at the admission stage with a direction to dispose of the suit within stipulated time.

(3.) IT is clear from these averments in the plaint that plaintiffs are not claiming any right over B and C Schedule properties and it is admitted in the pleading that defendants 1 to 3, Tamil Nadu Housing Board are the absolute owner and in possession of plaint B and C Schedule properties. In spite of stating that defendants 1 to 3, the Tamil Nadu Housing Board are absolute owners and in possession plaintiffs are not claiming any relief as against them in the suit. Relief is confined only as against petitioner, who is the 7th defendant.