JUDGMENT :

G.K. Ilanthiraiyan, J.

1. This Civil Revision Petition is directed as against the fair and Decretal Order, dated 13.08.2015 passed by the learned Subordinate Judge, Hosur, Krishnagiri, in I.A. No. 518 of 2014 in O.S. No. 64 of 2014 thereby dismissing the Petition filed by the Petitioner for rejection of Plaint.

2. The learned Counsel appearing for the Petitioner would submit that the Petitioner is the Defendant in the Suit filed by the Respondents for declaration declaring that the Sale Deed dated 28.06.1994 and the Will, dated 05.10.1998 are null and void and for Permanent Injunction. He would further submit that the Respondents/Plaintiffs are not parties to those documents and as such they have no locus to question both the documents. In fact, the Petitioner's father viz., Mohammed Ayub Sahib already filed a Suit in O.S. No. 279 of 1996 before the District Munsif Court, Hosur, for declaration of title in respect of very same property and the same was decreed on 31.03.2000.

2.1. Aggrieved by the said Judgment and Decree, one Sridharmurthy preferred an Appeal Suit in A.S. No. 9 of 2000, on the file of the Sub-Court, Hosur and the same was also dismissed by the Judgment and Decree, dated 27.06.2003. Again he preferred Second Appeal before this Court in S.A. No. 1996 of 2003 and the same was also dismissed by the Judgment and Decree, dated 23.11.2011. He also filed Special Leave Petition before the Hon'ble Supreme Court of India in S.L.P. No. 7770 of 2012 and the same was dismissed by a Judgment and Decree, dated 08.05.2012.

2.2. He further submitted that the Petitioner's father viz., Mohammed Ayub Sahib also filed Suit for Recovery of Possession in respect of the very same property in O.S. No. 109 of 2000 before the District Munsif Court, Hosur. In the said Suit, the Respondents herein filed Petition to implead themselves as parties in I.A. No. 572 of 2013 and the same was dismissed by the Judgment and Decree, dated 26.11.2013. In fact they also preferred Civil Revision Petition in C.R.P. No. 53 of 2014 before this Court and the same was dismissed by an Order, dated 29.01.2014.

2.3. While dismissing the Civil Revision Petition in C.R.P. No. 53 of 2014, this Court observed that the right and interest of the said Mohammed Ayub Sahib has been declared in O.S. No. 279 of 1996 and thereafter the Suit in O.S. No. 109 of 2000 has been instituted only for consequential relief for recovery of possession. The declaration of the Suit property in favour of Mohammed Ayub Sahib has become final as against Respondents, who are the Defendants in O.S. No. 109 of 2000 viz., Sridharmurthy and another. While being so, only on the instance of the said Sridharmurthy the present Suit in O.S. No. 64 of 2014 has been filed. The Respondents herein now filed the present Suit suppressing the above facts with unclean hands and the present Suit is nothing but abuse of process of law. Therefore, the Petitioner filed Petition for rejection of Plaint. Without considering the above facts, the Court below dismissed the Petition filed by the Petitioner to reject the Plaint and therefore, the present Revision Petition.

3. Per contra, the learned Senior Counsel appearing on behalf of the Respondents submitted that the Respondents filed Suit for Declaration of Title and Permanent Injunction in respect of the Suit property situated in Survey No. 80/3 IB, Berikai Village, Hosur Taluk, Krishnagiri District, admeasuring 125 sq.ft and to declare that the Sale Deed, dated 28.06.1994 registered vide Document No. 3357 of 1994 and the Will, dated 05.10.1998 registered vide Document No. 104 of 1998 are null and void.

3.1. He further submitted that the Petitioner's father filed the Suit in O.S. No. 109 of 2000 for recovery of possession on the strength of the Judgment and Decree passed in O.S. No. 279 of 1996. In the said Suit in O.S. No. 109 of 2000, the Respondents herein filed Application in I.A. No. 572 of 2013 to implead themselves as party. The same was dismissed and