IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiraiyan, J.
N. Govindarajan and ors. – Petitioners
Versus
S. Logeswari Represented by Power of Attorney S.L.Arokiyasamy - Respondent
CRP.PD.Nos. 3010 & 3011 of 2017 and CMP.Nos.14139 & 14140 of 2017
Decided On : 04-03-2021
Eviction petition - Suit for permanent injunction - Ground of wilful default - Decreed - Petitioners are respondents in eviction petition filed by respondent on ground of wilful default and denial of title - While pending RCOP, petitioners filed petition to dismiss RCOP as not maintainable and same was dismissed - Aggrieved by same, petitioners filed appeal before learned Rent Control Appellate Authority - Learned Rent Control Appellate Authority dismissed same in SR stage itself as rejected as not maintainable - Petitioners would submit that respondent is a stranger to petition premises and she created fake documents and filed vexatious petition - Petition premises was purchased by first petitioner's grandfather from one late legal heirs by the registered sale deed dated registered vide document No. in Office of Sub Registrar, was changed in his name and they are in possession and enjoyment of petition premises till today - There is no relationship of landlord and tenant between petitioners and respondent herein - He further submitted that even before filing RCOP, respondent herein filed suit for permanent injunction in respect of petition premises in OS.Noon file of the XVIII City Civil Court - Whether subsequent purchaser of suit property is entitled to file a suit for title in respect of property purchased by him when already a suit for title filed by predecessors-in-title is pending – Held, it is claim of applicants that by virtue of sale deeds dated, they have become absolute owners of property and legal heirs have no right over same - Only if legal heirs of have any right over property, subsequent purchaser also will have a right over the property - However, question that whether the legal heirs of Balakrishna Naicker are having any right over suit property or not is a subject matter of suit initiated by them - Hence, respondent has to wait for the result of the suit filed by the legal heirs of as against applicants and she cannot file a separate suit - If right of legal heirs of Balakrishna Naicker over the suit property is held valid in that suit, automatically plaintiff will acquire right over the said property as a subsequent purchaser - In case litigants like the respondent is permitted to achieve their objective in delaying execution of a decree passed by Court, which has attained finality, common man will lose faith in Courts as well as in justice delivery system - Eviction petition filed by respondent is nothing but clear abuse of process of law and also amounts to forum shopping - Having been failed before civil courts and after too respondent filed eviction petition before Rent Controller - Civil revision petition in CRP.P.D.No.3011 of 2017 is allowed.
ORDER :
The civil revision petition in CRP.No.3010 of 2017 is filed against the order and decree dated 27.07.2017 passed in RCA.SR.No.40990 of 2017 on the file of the VII Judge, Small Causes Court cum Rent Control Appellate Authority, Chennai thereby confirming the order dated 13.07.2017 passed in MP.No.342 of 2015 in RCOP.No.595 of 2015 passed by the XVI Judge, Small Causes Court cum Rent Controller, Chennai thereby dismissing the petition filed by the petitioners as the RCOP is not maintainable.
2. The civil revision petition in CRP.No.3011 of 2017 is filed against strike off the Eviction Petition in RCOP.No.595 of 2015 on the file of the XVI Judge, Small Causes Court cum Rent Controller, Chennai.
3. In both the civil revision petitions, the petitioners are the respondents in the eviction petition filed by the respondent on the ground of wilful default and denial of title. While pending the RCOP, the petitioners filed petition to dismiss the RCOP as not maintainable and the same was dismissed. Aggrieved by the same, the petitioners filed appeal before the learned Rent Control Appellate Authority. The learned Rent Control Appellate Authority dismissed the same in SR stage itself as rejected as not maintainable.
4. The learned counsel for the petitioners would submit that the respondent is a stranger to the petition premises and she created fake documents and filed vexatious petition. The petition premises was purchased by the first petitioner's grandfather from one late Subramaniya Mudaliyar's legal heirs by the registered sale deed dated 05.12.1975 registered vide document No.1493 of 1975 in the Office of the Sub Registrar, T.Nagar, Chennai. Patta was changed in his name and they are in possession and enjoyment of the petition premises till today. Therefore, there is no relationship of landlord and tenant between the petitioners and the respondent herein. He further submitted that even before filing RCOP, the respondent herein filed suit for permanent injunction in respect of petition premises in OS.No.4354 of 2005 on the file of the XVIII City Civil Court, Chennai. Subsequently, it was transferred to this Court and renumbered as CS.No.543 of 2010. The respondent also filed injunction petition and the same was dismissed by this Court in OA.Nos.439 and 440 of 2008 by order dated 27.07.2009 and observed that the documents which were relied upon by the respondent are not genuine and fabricated one. Aggrieved by the same, the respondent filed appeal in OSA.No.45 and 46 of 2010 and the Hon'ble Division Bench of this Court dismissed the same by order dated 26.02.2010.
4.1 He further submitted that the main suit itself was dismissed by this Court by the judgment and decree dated 08.11.2016. Though it was dismissed for default, thereafter the respondent failed to restore the same even till today. While being so, again the respondent filed suit before this Court in CS.No.399 of 2008 for declaration in respect of the very same property. Subsequently, the said suit was transferred to the file of the IV Additional City Civil Court, Chennai and renumbered as OS.No.3873 of 2016. While pending the suit, the petitioners filed petition for rejection of plaint and the same was dismissed. Aggrieved by the same, the petitioners filed civil revision petition before this Court in CRP.PD.No.1756 of 2017 and this Court by order dated 28.04.2018 allowed the civil revision petition. In pursuant to the order passed by this Court, the plaint in OS.No.3873 of 2016 was rejected by order dated 11.09.2018. In the meantime, the respondent and henchmen trespassed into the suit property and attempted to evict the petitioners from the petition premises. Therefore, the first petitioner lodged complaint and the same was registered in Cr.No.1517 of 2015 for the offences under Sections 294(b), 448, 427, 324 and 506(ii) of IPC as against the henchmen engaged by the respondent herein. After completion of enquiry, the Inspector of Police, R1, Mambalam Police Station, Chen
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