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2024 Supreme(Online)(MAD) 17634

HIGH COURT OF MADRAS
Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
P.Kannan – Appellant
Versus
Govindan – Respondent


ORDER

The Civil Revision Petition is filed to strike off the plaint in O.S.No.192 of 2024.

2. The case of the plaintiffs is that they are the owners of the property by virtue of the patta issued in their name and they having inherited the property from one Alagarsamy. The defendant has taken sale-deed from the legal heirs of yet another Alagarsamy, who did not have any title whatsoever, as such, the suit is filed to for a declaration that the plaintiffs are the owners of the suit property and also for further reliefs to declare the power of attorney as well as the sale-deed as null and void and for other reliefs.

3. The learned Counsel appearing on behalf of the petitioners would submit that when it is the pleadings of the defendants that the defendants' vendor did not have the title, the title of the vendor relates back to the document of the year 1955. In view thereof, the suit will be hopelessly barred by limitation. The learned Counsel would rely upon the judgment of the Hon'ble Supreme Court of India in Ramisetty Venkatanna and another v.

Nasyam Jamal Saheb and others reported in 2023 (5) CTC 60.

4. I have considered the said submission made by the learned Counsel for the petitione

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