The necessity of impleading parties in a suit for injunction and the legal principles related to possession and title.

JUDGMENT :

Prayer: Civil Revision Petition is filed under Section 115 of C.P.C., to set aside the order dated 07.11.2013, made in I.A.No.11516 of 2013 in O.S.No.4689 of 2007 on the file of the V Assistant Civil Court, Chennai.

1. Aggrieved over the order dated 07.11.2013, made in I.A.No.11516 of 2013 in O.S.No.4689 of 2007 on the file of the V Assistant Civil Court, Chennai, the petitioner, being a third party to the above said suit, filed this Civil Revision Petition.

2. Before the trial Court, the first respondent in this Civil Revision Petition filed a suit in O.S.No.4689 of 2007 as against the second respondent and sought for the relief of permanent injunction restraining the second respondent/defendant, his agents or servants or anyone in interfering with the peaceful possession and enjoyment of the suit property, measuring an extent of 1 acre 70 cents situated at Sri Moogambigai Street, Kolathur, Chennai.

3. During the course of the trial proceedings, the revision petitioner filed an application in I.A.No.11516 of 2013, under Order 1 Rule 10(2) of C.P.C., to impleade him as a proposed defendant in the suit. The learned V Assistant Judge, City Civil Court, Chennai, after affording opportunities to the respondents 1 & 2, by an order dated 07.11.2013, dismissed the said application filed by the petitioner herein. Aggrieved over the said findings, the petitioner is before this Court with the present Civil Revision Petition.

4. In the affidavit filed by the petitioner in support of the application in I.A.No.11516 of 2013, he has stated that the petitioner/proposed defendant ie., Arulmigu Somanatha Swami Temple, is the absolute owner of the suit schedule property. The said temple is having property in large extent at No.65, Kolathur Village, within the Chennai Corporation Limit. The said lands were originally cultivable wet lands and the petitioner temple was cultivating the lands through its tenants. After the implementation of Urban Development Scheme, a number of colonies and nagars sprang up and a 100’ road had been laid and all the irrigation facilities were blocked. Hence there was no agricultural operation in the above said lands. Therefore, the petitioner temple kept the same as vacant house site lands in its possession. Ownership and possession of the above said lands were approved and confirmed by the Secretary of the then Hindu Religious and Endowment Board.

4.1. The petitioner further averred that the then officials of the Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai, has wrongly classified the lands measuring 1 Acres and 70 cents in Survey Nos.6/8, at No.65, Kolathur Village, Chennai as “Anadeenam” with ulterior motive to allot the same to their own favorite persons. When the same was questioned by the temple authorities, the revenue officials has stated that during the time of inspection under the Tamilnadu Minor - Inams Abolition and conversion into Ryotwari Patta Act, the lands were classified as “Anadheenam”. In this regard, the then Executive Officer of the petitioner temple had written a letter dated 10.01.1990 to the Special Assistant Director, Natham and Land Survey, Ashok Nagar, Chennai, to issue patta for the above said lands in favour of the petitioner temple. For the letter sent by the petitioner temple, the Inspector of Natham and Land Survey, Perambur had replied as the land was stood only in the name of the petitioner temple.

4.2. While being so, on the basis of the classification, the first respondent/plaintiff claimed possession under the alleged deed of sale, taking advantage of the order made in favour of the first respondent/ plaintiff in all Court proceedings such as suits in O.S.No.6943 of 1995 dated 30.06.2005 made by the V Assistant City Civil Court, Chennai, and in A.S.No.30 of 2006 dated 05.10.2007, made by the IV Additional City Civil Court, Chennai. As against the said orders, the petitioner herein has filed S.A.Sr.No.72257 of 2010 and S.A.Sr.No.4431 of 2009 w