The complexity of facts requires complete investigation at the trial stage before deciding on the rejection of the plaint.

This Civil Revision Petition is filed to strike off and to reject the plaint in OS.No.98/2008 on the file of the learned District Munsif Cum Judicial Magistrate, Andipatti.

2. The brief facts, which are essential for the disposal of this Civil Revision Petition, are as follows:-

The suit has been filed by the 1st respondent/ plaintiff against the petitioner and the respondents 2 and 3 for declaration of her title and for consequential relief of injunction. The suit schedule property is described as S.No.892/2 4 acres 80 cents situated at Sanmugasundrapuram Village. The 2nd respondent/2nd defendant is the daughter of the petitioner/1st defendant and the 3rd respondent/3rd defendant is the power agent of the 2nd respondent. The 1st respondent has traced her title to the suit lands on the basis of the sale deed executed in favour of one Rasu Thevar by one Thayammal and the 1st respondent has also referred to the earlier litigation in OS.No.354/1961, As.No.144/1962 and SA.No.1023/1964.

3. The said Thayammal is the original owner of an extent of 6.20 acres in S.No.892, 2.77 Acres in S.No.880 and 1.57 acres in S.No.881 of Sanmugasundarapuram Village, Andipatti Taluk. She has executed a sale deed dated 5. 1956 to Seeni Thevar registered as document No.589/1956 for 4.80 acres in S.No.892 and she had also executed a sale deed dated 8. 1961 to Rasu Thevar registered on 211. 1961 for 2.77 acres in S.No.880, 1.57 acres in S.No.881 and 0.40 acres in S.No.892, excluding the land sold to the Seeni Thevar. One Thangaraj and Seeni Thevar filed a suit in OS.NO.354/1961 against Thayammal and Rasu Thevar for declaration and injunction with regard to

2. 77 acres in S.No.880, 1.57 acres in S.No.881 and 0.40 acres in S.No.892. The said suit was dismissed on 10. 1962 and the appeal filed in AS.No.144/1962 was allowed on 30.9.1963, as against which, Thayammal and Rasu Thevar filed SA.No.1023/1964 and the same was dismissed on 7. 1964.

4. Pursuant to the said litigation, the Special Tahsildar by his order dated 212. 1985 granted patta to Seeni Thevar for S.Nos.880, 881 and 1.40 acres in S.NO.892 and to Rasu Thevar for 4.80 acres in S.No.892 by subdividing S.No.892. The legal heirs of Rasu Thevar executed a sale deed dated 30.10.1992 in favour of C.Valarmathi, the 1st respondent. On 111. 1994 the legal heirs of Rasu Thevar executed a sale deed in favour of M/s.RJ Textiles for 2.70 acres in S.NO.880 and 1.57 acres in S.No.881 and 1.40 acres in S.NO.892/1 and 70 cents in S.No.882/2C. On an application by the petitioner for rectification of patta regarding S.No.892/1 and 892/2, the Tahsildar by his order dated 11. 1996 rectified patta for S.No.892/2 measuring 4.80 acres in the name of Seeni Thevar and S.NO.892/1 in the name of Thayammal. The appeal filed by the 1st respondent to the Revenue Divisional Officer was allowed, as against which, the petitioner filed a revision to the District Revenue Officer and the same was allowed by order dated 211. 2001. The 2nd revision was filed by the 1st respondent to the Special Commissioner of Land Administration and the same was allowed. The petitioner filed WP.No.21019/2003 as against the said order on the ground that the 2nd revision is not maintainable under Sections 11 and 12 of the Patta Pass Book Act, 1983. The said writ petition was allowed on 7. 2006 and the order of the Special Commissioner was set aside, however, the matter was remanded back to the District Revenue Officer for fresh disposal. The order passed in the writ petition was challenged by the petitioner in WA.No.1170/2006 and the same was allowed, holding that the original order passed by the District Revenue Officer dated 211. 2001 had become final. The review petition filed by the 1st respondent in No.155/2008 was dismissed as not pressed. Again, the 2nd review was filed by the 1st respondent and the same was dismissed with cost on 27. 2009.

5. In the mean while, the petitioner had settled the property in favour of his daughter the 2