K.KALYANASUNDARAM
R. Kalyani – Appellant
Versus
T. Rose Mukundakumar – Respondent
1. Inveighing the order, dated 21.11.2009, passed by the III Assistant Judge, City Civil Court, Chennai, in I.A.No.14434 of 2009 in O.S.No.4156 of 2007, this civil revision petition has been filed.
2. The petitioners herein are the plaintiffs, in O.S.No.4156 of 2007, on the file of the III Assistant Judge, City Civil Court, Chennai. They had filed a suit for permanent injunction, restraining the defendant, his men and agent from, in any way, interfering with their peaceful possession and enjoyment of the suit property, contending that they are the joint owners of the property.
3. The case of the petitioners is that the suit property originally belonged to Mr.Devadass @ Ramadoss, who is the husband of the first petitioner and father of petitioners 2 and 3 herein. He settled the property in favour of the plaintiffs, by a settlement deed, dated 13.4.2007 and delivered possession to them. The respondent is attempting to encroach upon their property and interfering with their peaceful possession and enjoyment of the property. Hence the suit.
4. The respondent contested the suit stating that the suit property was purchased by his mother Mrs.Arputham, by way of a sale deed, dated 27
1968) 1 M.L.J.249-Yasodammal v. Janaki Ammal Division Bench of this Court
AIR 1961 SC 1655 – Javer Chand and Others vs. Pukhraj Surana
(2006) 11 SCC 331 – Shyamal Kumar Roy vs. Sushil Kumar Agarwal
(2006) 4 MLJ 706 – Karuppannan v. Thavasiappan and another
Bipin Shantilal Panchal V. State of Gujarat and another (2001) 3 SCC 1.
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