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2018 Supreme(Mad) 3335

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.V. Muralidaran, J.
SPN Sathyamoorthy – Appellant
Versus
M. Prathap – Respondent
Civil Revision Petition (PD) No. 901 of 2018, Civil Miscellaneous Petition No. 3975 of 2018
Decided On : 03-10-2018

Advocates Appeared:
U.M. Ravichandran, S.K. Mani.

Headnote:

Constitution of India - Article 227 – Code Of Civil Procedure, 1908 - Order VII, Rule 11 – Will – Property – Sale Deed - Larger extent of lands measuring 4 Acres and 44 Cents was originally belonged to late Perumal Naidu - During his lifetime, he bequeathed said property by way of a Will to and in favour of his adopted son - Later he died - Thereafter, being other grandchildren of Perumal Naidu, namely Mr. Govindarajan, Mrs. Ethirajammal and Mrs. Soundaram have released their entire claim over said property to and in favour of above said Mr. Muthukrishnan who in turn settled said property to his son namely Mr. M. Prathap and his wife Mrs. Muthulakshmi - Later, after settling some disputes in respect of said properties, above said Mr. M. Prathap respondent herein had sold larger extent of lands to these revision petitioners under a Sale Deed registered as pending - Similarly, above said Mrs. Muthulakshmi had also sold lands to these revision petitioners under a Sale Deed registered as pending Document No. 99/2009 in S.R.O., K. Sathanur, Trichy District - Thereafter petitioners having taken possession of said properties by putting up a watchman shed, compound wall and also electricity connection – Held, Considering above facts in entirety, it reveals that present suit in O.S. No. 155 of 2018 filed by plaintiff, who is respondent herein doesnt have any cause of action - Therefore, this Court do not find any value in alleged cause of action, consequently above suit is clearly abuse of process of Court - Apart from above, if it is also established that filing of suit itself is an abuse of process of law and Court, hence, by invoking under Article 227 of Constitution of India, plaint could be struck off, to meet ends of justice - Therefore, plaint in O.S. No. 155 of 2018 is liable to be struck off - It cannot be disputed that plaint could be struck off only in rarest of cases, when there is clear abuse of process of law and Court, however, same has to be decided only based on pleadings and admission made by plaintiff and not based on written statement and when court comes to a conclusion that there is no possibility for plaintiff to succeed and filing such a suit is also an abuse of process of law and Court - In case on hand, all these aspects are available against respondent/plaintiff, hence, this Court has no hesitation to invoke under Article 227 of Constitution of India and struck off plaint to meet ends of justice – Petition Allowed.

JUDGMENT

1. This Revision Petition arises struck off the plaint in O.S. No. 155 of 2018 pending on the file of the learned II Additional District Munsif at Tiruchirapalli, wherein the Revision Petitioners are the defendants in the above suit.

2. The above Civil Revision Petition is filed to struck off the plaint in O.S. No. 155 of 2018 pending on the file of the learned II Additional District Munsif at Tiruchirapalli as the same does not have cause of action and also abuse of process of the Court. The defendants in the above suit are the revision petitioners herein and the plaintiff is the respondent.

3. The brief facts leading to the filing of this Civil Revision Petition are as follows:

The brief facts of the case according to these Revision Petitioners:

The larger extent of lands measuring 4 Acres and 44 Cents comprised in Survey Nos. 6/1, 6/3 and 6/4 and 7/2, 7/3 and 7/4 situated in K. Sathanur Village, Tiruchirapalli District was originally belonged to late Perumal Naidu. During his lifetime, he bequeathed the said property by way of a Will dated 11.06.1970 to and in favour of his adopted son namely Mr. Muthukrishnan. Later he died on 31.10.1974. Thereafter, being the other grandchildren of Perumal Naidu, namely Mr. Govindarajan, Mrs. Ethirajammal and Mrs. Soundaram have released their entire claim over the said property on 25.10.1988 to and in favour of the above said Mr. Muthukrishnan who in turn settled the said property to his son namely Mr. M. Prathap and his wife Mrs. Muthulakshmi.

4. Later, after settling some disputes in respect of the said properties, the above said Mr. M. Prathap the respondent herein had sold the larger extent of lands comprised in Survey Nos. 6/1, 6/3 and 6/4 situated in K. Sathanur Village, Tiruchirapalli District to these revision petitioners under a Sale Deed dated 11.12.2009 registered as pending Document No. 98/2009 in the S.R.O., K. Sathanur, Trichy District. Similarly, the above said Mrs. Muthulakshmi had also sold the lands in Survey Nos. 7/2, 7/3 and 7/4 to these revision petitioners under a Sale Deed dated 11.12.2009, registered as pending Document No. 99/2009 in the S.R.O., K. Sathanur, Trichy District. Thereafter the petitioners having taken possession of the said properties by putting up a watchman shed, compound wall and also electricity connection.

5. While so, on 27.07.2012 the Sub Registrar of K. Sathanur passed an erroneous order by refusing to register the sale deeds in pending document bearing Nos.98 and 99 of 2009 leading to filing of an Appeal before the District Registrar and in view of the order passed by this Court in W.P. No. 9357 of 2014 dated 04.08.2014, the said Appeal before the District Registrar was entertained and kept pending. Meanwhile, one Suraya Begam lodged a complaint against the petitioners with the Inspector of Police, Anti Land Grabbing Cell, Trichy. The said complaint was registered under Crime No. 23 of 2012 leading to obtaining an order of Anticipatory Bail by the petitioners. Meanwhile, Mr. J. Govindarajan and B. Ethirajammal, through their General Power of Attorney Agent namely Mr. Solomon Devaraj has filed a Civil Suit in O.S. No. 680 of 2010 before the learned District Munsif Court at Tiruchirapalli against these revision petitioners and Others.

6. After executing the above said sale deeds to and in favour of the petitioners, the above named Govindarajan, Ethirajammal, Soundarammal, Muthukrishnan, M. Prathap, Senthilkumar and Meenavathi conspired with one Mr. Solomon Devaraj in grabbing the said properties by way of unlawful means. By such conspiracy through the said Solomon Devaraj, they obtained a compromise decree in O.S. Nos. 634 of 2010, 49 of 2010 and 470 of 2010 before the learned District Munsif Court at Tiruchirapalli, thereby the said Solomon Devaraj had also lodged a complaint with the Inspector of Police, Anti Land Grabbing Cell, Trichy against the petitioners. The Inspector of Police in turn by calling for the report sent both the complaint






















































































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