C.M.P. is filed praying to grant leave to the petitioner to file the Civil Revision Petition to strike off the suit in O.S.No.57 of 2017 on the file of the Principal District Munsif Court, Coimbatore.
2. The C.R.P. is filed by the third party to strike off the said suit. The suit is filed by the first respondent/plaintiff for permanent injunction restraining the second respondent/defendant from disturbing the plaintiff's peaceful possession, claiming himself to be a lawful lessee of the suit property, except by due process of law.
3. The claim of the revision petitioner/third party is that she is the owner of a portion of the suit property and without making her a party to the suit, the plaintiff has filed the suit based on lease agreement. According to the revision petitioner/third party, the very claim of the plaintiff is an abuse of process of Court, as the very lease agreement, dated 03.05.2004 is made in a stamp paper, dated 24.07.1998, which clearly shows that it is a fabricated one. The plaintiff has filed the said suit only to play a fraud upon the Court. Therefore, the above revision is filed to strike off the suit proceeding. Whether the lease agreement, dated 03.05.2004 based on which the suit is filed, is a fabricated one or not, and whether the revision petitioner/third party has got title over the portion of the suit property described in the suit schedule, etc., are all matters to be tested only in the suit. If the revision petitioner/third party is aggrieved, it is open for her to get herself impleaded in the suit and establish her right, especially when she is alleged to be the owner of the portion of the suit schedule property.
4. Hence, the C.M.P. praying to grant leave to file revision to strike off the suit itself, is not maintainable, and hence, the same is dismissed. Consequently, C.R.P.SR. is rejected, with the above liberty. No costs.
16.02.2017 cs Copy to The Principal District Munsif, Coimbatore.
PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).SR.No.11011 of 2017 and C.M.P.No.2622 of 2017 16.02.2017 http://www.judis.nic.in