Jeyandran Daniel Moses vs J.B.Malhotra

THE HIGH COURT OF JUDICATURE AT MADRAS
Order reserved on : 23.09.2026 Order pronounced on : 16.10.2026
CORAM

THE HON'BLE MR. JUSTICE P.B.BALAJI
CRP.No.5054 of 2026
& CMP.Nos.22293 & 22079 of 2026
Jeyandran Daniel Moses .. Petitioner
Vs.
1.J.B.Malhotra
2.Mahesh Kumar Malhotra
3.Suresh Kumar Malhotra
4.Shankar Mohan
5.The Sub-Registrar,
Neelangarai,
Chennai. ..
Respondents
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the common order dated 20.01.2025 in C.M.A.No.23 of 2021 in
I.A.No.490 of 2021 on the file of the Subordinate Judge, Alandur.
For Petitioner : Mr.M.Velmurugan
for M/s.Colonel & Ganesan Associates
For Respondents : Mr.S.Rajasekar for RR1 & 2
Mr.P.Sunil, Government Advocate for R5
No appearance for RR3 & 4
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ORDER
nd
The 2 defendant in O.S.No.1085 of 2024 is the revision petitioner,
aggrieved by the order passed in I.A.No.490 of 2015 and confirmed in CMA.No.
23 of 2021 on the file of the learned Subordinate Judge, Alandur.
2.I have heard Mr.M.Velmurugan for M/s.Colonel and Ganesan Associates,
learned counel for the revision petitioner and Mr.S.Rajasekar, learned counsel for
the contesting respondents 1 and 2.
3.Mr.M.Velmurugan, learned counsel for the revision petitioner would
contend that the suit had been filed for declaration, challenging the purchase made
by the defendant in the year 2014. He would further state that though the plaintiff
traces title to the suit property from 1984, the plaintiff has not challenged the sale
deed executed in the year 1986 by the plaintiff himself to one Mr.Shankar Mohan
in the year 2000, who in turn, sold the property to the defendants. He would
therefore state that without a challenge to the 1986 sale deed in favour of Shankar
Mohan, the plaint itself has no legs to stand. That apart, it is the specific contention
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of M.Velmurugan, learned counsel for the revision petitioner that along with the
suit, an interlocutory application was filed under Order XXXIX of CPC, praying
for an interim injunction, as if the plaintiff was in physical possession of the
property. Though the application for an interim injunction was contested, the Trial
Court, namely the Additional District Munsif Court, Alandur, granted an injunction
in favour of the plaintiff, restraining the defendants, including the revision
petitioner from alienating the suit property.
4.Before the Trial Court, the plaintiff exhibited 18 documents, namely Ex.P1
to Ex.P18 and on the side of the revision petitioner, four documents, namely Ex.R1
to Ex.R4 were exhibited. The learned counsel for the revision petitioner would
contend that none of the 18 documents, that were relied on by the
respondent/plaintiff establish the factum of possession being with the plaintiff,
entitling the plaintiff to an order of interim injunction. He would therefore state
that the Courts below have clearly fell in error in factoring the necessary
ingredients that have to be made out, before becoming entitled to an order of
interim injunction under Order XXXIX of CPC, namely prima facie case, balance
of convenience and irrepparable loss and hardships.
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5.Mr.M.Velmurugan, learned counsel for the petitioner would further state
that though the order was challenged by way of a Civil Miscellaneous Appeal and
further additional documents were also relied on by the revision petiitoner, by
taking out interlocutory applications, the learned Subordinate Judge, Alandur, has
erroneously confirmed the order of injunction granted by the Trial Court and has
also proceeded to dismiss the application filed in the CMA, for adducing additional
evidence. He has also taken me through the various documents that have been
enclosed in the typed set of papers. However, when the petitioner has not
challenged the dismissal of the applications filed for adducing additional evidence
independently, I am unable to see how in this revision, testing the order of the Trial
Court as confirmed by the Appellate Court, I can look into any new or additional
documents, especially when the order dismising the application to adduce
additional evidence has become final. I am only testing the correctness of the
orders passed by the Courts below, based on the materials placed by the parties
before the Court. If the petitioner was aggrieved by the dismissal of the
applications for adducing additional evidence, then the pettioner ought to have
independently challenged the dismissal of the interlocutory applications filed in the
CMA. Admittedly, the same has not been done and hence, I am unable to look into
any of the additional documents that are now relied on by the learned counsel for
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the petitioner. I have to therefore necessarily proceed on the basis of the dcuments
that were originally exhibited before the Trial Court, which formed the basis of the
order passed by the Trial Court, granting injunction as well as the judgment of the
Appellate Court, confirming the order of injunction.
6.Though it is the case of the petitioner that the plaintiff has himself sold the
property in 1986 and suppressing the same, the suit has been filed, on going
through the plaint averments, I find that the caterogical case of the plaintiff is that
the property is an extent of 5 grounds and admittedly vacant land. In 2013, the
plaintiff has settled two grounds each in favour of his two brothers and retained
one ground. The original documents of title are also specifically claimed to be in
the custody of the plaintiff.
7.The Trial Court as well as the First Appellate Court have found that the
claim of the revision petitioner to be a bonafide purchaser is not prima facie
acceptable and the mutation of revenue records in favour of the revision petiitoner
was also obtained, only after the grant of injunction by the Trial Court in favour of
the plaintiff. The Trial Court, as well as the First Appellate Court have rightly
considered the trinity factors, namely prima facie case, balance of convenience and
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irreperrable loss and hardships to the party if relief is not granted and discussing
each of the three principles independently, found that the plaintiff has established a
prima facie case for grant of interim injunction and also held balance of
convenience and irreparrable loss and hardships to be in favour of the plaintiff. The
Court also took note of the fact that the vendor of the appellant, who is claimed to
have purchased the entire 5 grounds of suit property from the plaintiff, chose to
remain ex-parte before the Courts, creating a doubt with regard to the genuineness
of the claim of the revision petitioner to title over the suit property.
8.Once the Court finds that the plaintiff has established prima facie title, then
possession, especially when the suit property is a vacant land, would follow title
and therefore, I do not find any infirmity in the order of the Trial Court and also the
First Appellate Court granting an interim injunction in favour of the
respondent/plaintiff. In the light of the above, I do not see any grounds to interefere
with the concurrent findings rendered in the interlocutory application, warranting
interference in revision.
9.In fine, the Civil Revision Petition is dismissed as devoid of any merit. The
Trial Court shall endeavour to dispose of the suit in O.S.No.1085 of 2024, within a
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period of six months from the date of receipt of a copy of this order. No costs.
Connected Civil Miscellaneous Petitions are closed.
16.10.2026
Neutral Citation Case : Yes / No
Speaking / Non-speaking order
Index : Yes/No
ata
To
1.The Subordinate Judge, Alandur.
2.The Sub-Registrar, Neelangarai, Chennai.
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P.B.BALAJI. J,
ata
Pre-delivery order made in
CRP.No.5054 of 2026
16.10.2026
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