VANJA Vs. SURESH KUMAR

JUDGEMENT

(1.) The petitioners, who are the first and seventh defendants in O.S.No.1 of 2013 and defendants 2 and 8 in O.S.No.393 of 2016 have come forward with this petition seeking transfer of O.S.No.393 of 2016, pending on the file of the Principal District Munsif, Madurai Town to the file of the IV Additional District Judge, Madurai to be tried along with the suit in O.S.No.1 of 2013, pending therein.

(2.) O.S.No.1 of 2013, pending on the file of the IV Additional District Court, Madurai is filed by second respondent herein/plaintiff against the petitioners and five other persons, seeking specific performance and other consequential reliefs. The other suit in O.S.No.393 of 2016, pending on the file of the Principal District Munsif, Madurai is filed by the first respondent/plaintiff herein against the petitioner and 6 other persons, seeking relief of permanent injunction, not to evict the plaintiff in the suit, except by due process of law and other reliefs.

(3.) The petitioners contend that there is no privity of contract between themselves and the first respondent, who is only a trespasser in the suit property. The petitioner further contends that the second respondent/plaintiff has lost his right to purchase the suit property as he failed to perform his part of sale agreement, dated 22.07.2014 within the stipulated time. The petitioners further state that to complicate the petitioners' right to recover possession from their tenants, the second respondent instigated his friend/first respondent to file O.S.No.393 of 2016 and as such, it is necessary to have both the suits tried by one and the same court, as otherwise, prejudice will be caused to the petitioners herein. Hence, the petitioners seek transfer of O.S.No.393 of 2016 from the file of the Principal District Munsif, Madurai Town to the IV Additional District Judge, Madurai to be tried along with O.S.No.1 of 2013, pending therein. Hence, the petition.