2017 Supreme(Mad) 3824
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
Anitha - Appellant
Versus
Mohan - Respondent
C.R.P.(PD) No. 1781 of 2012 and M.P. No. 1 of 2012
Decided On : 06-02-2017
For the Appellant :Mr. N. Anand Venkatesh, Advocate
For the Respondents:Mr. S. Sathish Rajan, Advocate, Mr. Venugopal Government Advocate,
Headnote:
Constitution of India - Article 227 - Permanent injunction - Property - Plaintiffs sent a registered post to the 3rd defendant to consider their views also but the request was not taken into consideration - Held, Case in hand is absolutely abuse of process of law, the plaintiffs are very well known that no civil suit will lie against the suit in respect of an entry made or omitted or amended in any patta passbook and they can only invoke the jurisdiction before the Revenue Authorities as per G.O. and very act of filing the civil suit in O.S. is totally abuse of process of law - Held, Civil revision petition allowed
Mr. M.V. Muralidaran, J.
1. The defendant in O.S.No.195 of 2011 is the Civil Revision Petitioner, filing this civil revision petition before this Court.
2. The present petition has been filed under Article 227 of the Constitution of India for strike off the suit in O.S.No.195 of 2011, on the file of the District Munsif Court, Chengalpattu, filed by the respondents/plaintiffs.
3. The case of the plaintiffs is that he has filed a civil suit in O.S.No.195 of 2011, on the file of the learned District Munsif, Chengalpattu, (i) for permanent injunction to restrain the defendants 1 to 3 from any way cancelling or altering the patta No. 346 stands in the name of plaintiffs; (ii)for permanent injunction restrain the defendants 1 to 3 from any way acting on the basis of the order dated 26.07.2011 passed by the 3rd defendant ; (iii) for permanent injunction to restrain the 1st defendant her principal their men, agents, servants and representatives from any way interfering with the peaceful possession and enjoyment of the suit property; and (iv) for permanent injunction to restrain the 1st defendant, her principal from any way alienating of encumbering the suit property on the basis of the order dated 26.07.2011 passed by the 3rd defendant.
4. The further case of the respondents/plaintiffs is that the property morefully described hereunder in the schedule belongs to the plaintiffs. They have purchased the same under a registered sale deed dated 25.11.1986, the said sale deed was executed, registered and acted upon. The sale deed was executed by one Mehrunnisa W/o Hayat Basha and her son Sadiq Basha for valuable consideration. Previously the property was in possession and enjoyment of the vendors without any let of hindrance and their enjoyment was open and hostile of the entire villagers.
5. The plaintiffs further states that after the purchase, the plaintiffs are in possession and enjoyment of the property and they have changed the patta in their name and enjoyed the same. The entire property is situated in one block. Hence, the plaintiffs fenced the entire property and raising crops such as paddy and other crops. Now the surrounding area was left vacant. Hence, the plaintiffs also could not raise crops. There is no separate water source to the land.
6. The respondents/plaintiffs also states that the first defendant is an utter stranger to the property and her principal Mr. C.A. Cabeer is also an utter stranger. He is no way connected with the property of the vendors of the plaintiffs. The plaintiffs also states that on 08.07.2011 the plaintiffs received a letter from the 3rd defendant namely the Tahsildar, Chengalpattu, calling the plaintiffs to produce the documents related to the suit schedule of property. Therefore, the plaintiffs were appeared before the 3rd defendant and described about the matter as the document was pledged with Marwadi on a hand loan. Therefore, they seek 3 months time to produce the document, but the 3rd defendant refused to give time and sent a second letter on 14.07.2011 by stating the very same direction to produce the said document in respect of the suit schedule of property. Therefore, again on 25.07.2011, the plaintiffs were went to the 3rd respondent office and waited till 1.00 p.m., but the office was closed, nobody turned up. Subsequently, the plaintiffs were came to know on 25.07.2011, there was a local holiday for the Aadi Kiruthigai as ordered by the 2ndnd respondent/District Collector, Kancheepuram. Next enquiry date was not fixed and no further enquiry was conducted. But on 23.08.2011, the plaintiffs were received a letter as the patta No.346 issued in the name of the plaintiffs during 1999 was cancelled and the first defendant name will be entered in the said place. Therefore, it is made clear that the 3rd defendant without any opportunity given to the plaintiffs and without applying his mind with biased manner and one sided has passed the said order dated 26.07.2011 and received on 23.08.2011.
7.