JUDGMENT

The suit in C.S.No.925 of 2010 has been filed to declare the Sale Deed bearing Doc.No.976 of 2010 on the file of the SRO, Kodambakkam, as null and void and not binding on the plaintiff; for a permanent injunction to restrain the defendants from alienating or encumbering the suit schedule property; for a mandatory injunction directing the defendants 1 and 2 to deliver vacant possession of their portion under their occupation of the suit schedule property; directing the defendants 1 and 2 to pay Rs.75,000/- per month from April 2010 till the date of handing over of the possession of the schedule B property and to the damages to the occupation.

2.Tr.C.S.No.768 of 2013 has been filed by the defendants 1 and 2 in C.S.No.925 of 2010 seeking recovery of possession of a portion under the occupation of the defendant i.e., the 2nd plaintiff in C.S.No.925 of 2010.

3.The gist of the plaint in C.S.No.925 of 2010 is as follows:

(a) The 1st plaintiff is the absolute owner of the property bearing No.33, Old No.16/5 Akbarabad First Street, Kodambakkam, Chennai – 600 024, he having been declared as such in and by a judgment and decree in O.S.No.2707 of 1998 dated 25.09.2001 on the file of the V