Loorthusamy vs Kaliammal and 4 others — 30/2024

SUMMARY: The petition filed by the 2nd Defendant under Order VII Rule 11 CPC seeking rejection of the plaint has been dismissed. The court held that the plaintiff's suit disclosing a valid cause of action based on a registered sale deed dated 13.08.1982, alleging fraudulent patta mutation by defendants, cannot be rejected at the threshold stage. The court found that the Tamil Nadu Patta Passbook Act, 1986 does not bar civil suits for declaration of title against private individuals, and limitation and possession issues are mixed questions of fact requiring trial. Accordingly, the civil suit (O.S. No.30 of 2024) shall proceed on its merits. This case analysis is maintained by casestatus.in based on publicly available court records.