The court emphasized that the present suit does not hit Order 2 Rule 2 of C.P.C. and there is a cause of action to file the present suit.

JUDGMENT

(Prayers: Civil Revision Petition filed under Art. 227 of Constitution of India, to set aside the fair and decreetal order dated 10.08.2015 made in I.A.No.12 of 2014 in O.S.No. 463 of 2013 on the file of IV Addl. District and Sessions Judge, Coimbatore.

Civil Revision Petition filed under Art. 227 of Constitution of India, to set aside the fair and decreetal order dated 10.08.2015 made in I.A.No.181 of 2014 in O.S.No. 463 of 2013 on the file of IV Addl. District and Sessions Judge, Coimbatore.)

Common Order:

1. Challenging the impugned common order passed in I.A.Nos.12 and 181 of 2014 in O.S.No.463 of 2013 on the file of IV Addl. District and Sessions Court, Coimbatore, the present Civil Revision Petitions were filed by the 6th defendant and 1st to 5th defendants.

2. The Revision Petitioners herein are the 6th defendant and 1st to 5th defendants in the suit and the 1st respondent herein is the plaintiff in the above suit in O.S.No.463 of 2013. The 6th defendant therein filed an application in I.A.No.12 of 2014 under Order 7 Rule 11 of C.P.C. to reject the plaint and the defendants 1 to 5 have filed an application in I.A.No.181 of 2014 under Order VII Rule 11 of C.P.C. to reject the plaint. The said applications were objected by the 1st respondent/plaintiff. On hearing both sides, the trial judge dismissed both the applications. Against which, the present Civil Revision Petitions have been filed.

3. Brief facts of the case is as follows :-

The 1st respondent/plaintiff filed a suit for partition claiming for division of 8/9th share in the suit property and also prayed to declare the release deed, sale deed, gift deeds and exchange deeds are null and void and also to appoint a receiver to take possession of the property along with the relief of permanent injunction against the defendants 1 to 15. According to the plaintiff, it is a public charitable trust engaged in providing education to the persons in and around Coimbatore and it was looking out for further lands for educational purpose, thereby an extent of 35.17 acres of land owned by the family of one M.S.Sembarichi Gounderwas offered for sale, who derived his title through a family arrangement dated 21.03.1948 along with his brothers and consequently, the said M.S.Sembarichi Gounder and his 7 sons enjoyed the joint family property till his death on 10.07.1981 leaving behind his 7 sons and two daughters and thereafter, they enjoyed the property.

4. The first son of M.S.Sembarichi Gounder viz., N.S.Sembarichi Gounder caused disturbance and for an amicable settlement, the second son of N.S.Sembarichi Gounder, Lakshmana Gounder filed a suit in O.S.No.517 of 1992 before the Sub-Court, Coimbatore for partition and separate possession of 1/9th share in entire property. While the said suit was pending, on 14.02.1996, 8 of co-sharers except the 1st defendant (N.S.Sembarichi Gounder) entered into a sale agreement to sell their 8/9th share to the plaintiff and in pursuance of the said agreement, a sale deed was executed on 22.12.2000 for a valuable consideration and the plaintiff trust was put in symbolic possession of the property conveyed, as the property sold was undivided. The unsold 1/9th share is belong to 1st defendant, but with regard to 8/9th share, title was transferred to this plaintiff and consequently, he stepped into shoes of his vendors, but the 1st defendant manipulated the revenue records by abusing possession of his son and obtained patta in his name by misrepresentation. In pursuance of the said patta, the 1st defendant got mutation of the entire property and changed to his name. So, the plaintiff is unable to produce the patta before the Sub-Registrar for getting the Sale Deed released. Therefore, still their sale deed dated 22.12.2000 is retained by the Sub-Registrar.

5. Further, the 1st defendant along with his sons exchanged 33.12 acres (suit property) in favour of Chinmaya Garden Trust, who is 6th defendant herein through Exchange deed dated 13.10