1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(PD)(MD) No.2408 of 2011 and MISCELLANEOUS PETITION(MD) No.1 of 2011 Kulandai Theras @ Kulandai George .. Petitioner/Respondent/ Plaintiff Vs. Muniyadas .. Respondent/Respondent/ Defendant Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 23.09.2011 passed in Interlocutory Application No.1120 of 2011 in Original Suit No.310 of 2008 by the Principal District Munsif Court, Valliyoor. For Petitioner : Mr.A.Arumugam ORDER This Civil Revision Petition has been directed against the order dated 23.09.2011 passed in Interlocutory Application No.1120 of 2011 in Original Suit No.310 of 2008 by the Principal District Munsif Court, Valliyoor. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.310 of 2008 on the file of the Court below for the reliefs of declaration and perpetual injunction, wherein the present respondent has been shown as sole defendant. During pendency of the same, the petition in question has been filed in Interlocutory Application No.1120 of 2011 so as to admit the document mentioned therein. The Court below after considering all the contentions putforth on either side has allowed the petition. Against the order passed by the Court below, the present Civil Revision Petition has been preferred at the instance of the respondent/ plaintiff as revision petitioner. 3. Considering the nature of transaction alleged to have been entered into in the deed dated 20.12.1996 and also considering the nature of the order passed in Interlocutory Application No.1120 of 2011 by the Court below, notice need not be sent to the respondent and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioner has contended that Original Suit No.310 of 2008 has been instituted for the reliefs of declaration and perpetual injunction, wherein a detailed written statement has been filed on the side of the defendant and in the written statement it has https://hcservices.ecourts.gov.in/hcservices/ 2 been specifically pleaded that he orally purchased the suit property and subsequently the present petition has been filed by way of introducing the unregistered sale deed dated 20.12.1996 and the Court below without considering the legal formalities and also without considering the inconsistent plea taken on the side of the defendant has erroneously allowed the petition and therefore the order passed by the Court below is liable to be set aside. 5. In fact this Court has perused the deed dated 20.12.1996 and the same is nothing, but an unregistered sale deed. The Court below has simply allowed the petition on payment of cost of Rs.100/-. 6. Considering the fact that the document sought to be introduced on the side of the respondent/petitioner/defendant is nothing, but an unregistered sale deed and also considering that inconsistent plea has been raised on the side of the respondent/petitioner/defendant, the order passed by the Court below is totally erroneous and the same is liable to be set aside. 7. The Court below is directed to look into the correct provisions of law under which the document in question can be received and also directed to look into the plea raised in the written statement with regard to alleged title of the defendant over the suit property. With the above observations, this Civil Revision Petition can be disposed of. 8. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.1120 of 2011 in Original Suit No.310 of 2008 by the Principal District Munsif Court, Valliyoor is set aside and the petition filed in Interlocutory Application No.1120 of 2011 in Original Suit No.310 of 2008 is remitted to its file and the Principal District Munsif Court, Valliyoor is directed to dispose of Interlocutory Application No.1120 of 2011 in Original Suit No.310 of 2008 on the basis of the alleged inconsistent pleas raised on the side of the respondent/petitioner/defendant and also on the basis of relevant provisions of law. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To The Principal District Munsif, Valliyoor smn rl/2c - 9.1.2012 C.R.P(PD)(MD)No.2408 of 2011 and M.P(MD)No.1 of 2011 22.12.2011 https://hcservices.ecourts.gov.in/hcservices/