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Abhay Manohar Sapre, J.

1) This appeal is filed by the plaintiffs against the final judgment and order dated 11.07.2007 passed by the High Court of Judicature at Madras in Civil Revision Petition No. 337 of 2002 whereby the High Court allowed the revision petition filed by respondent No.1 herein and set aside the judgment dated 28.06.2001 of the Principal Subordinate Judge, Erode in R.C.A. No. 5 of 2001 and order of eviction dated 31.10.2000 passed by the Rent Controller (I Addl. District Munsif), Erode in RCOP No. 26 of 1998.

2) In order to appreciate the issue involved in this appeal, it is necessary to set out in brief the relevant facts in relation to eviction case out of which this appeal arises and also state the facts of three cases filed by the parties in respect of the suit premises because they were referred to in the proceedings out of which this appeal arises.

3) The appellants (plaintiffs) are the wife and sons of one A. Radhakrishnan. The suit premises bearing Door No. S-3, Periyar Nagar Housing Unit, Erode Town, comprised in T.S. No. 909/3, Block No. 17 and 598/2 Part, Ward 1, Block 20, Surampatti Village, Erode Taluk, Erode sub- District, Erode Registration District was allotted to A. Radhakrishan by Tamil Nadu Housing Board. In fact, entire area was acquired by the Housing Board and one house site therein was allotted to A. Radhakrishnan. Subsequently, A. Radhakrishnan made construction on the site allotted to him.

6) The appellants, however, came to know that A. Radhakrishnan without their knowledge entered into a sale agreement dated 30.07.1987 to sell the suit premises to one A.S. Pongianna. The appellants, therefore, instituted a suit being O.S. No. 53 of 1989 (re-numbered as O.S.549/1989) in the Court of District Judge, Erode and sought a declaration that the sale agreement dated 30.07.1987 was neither valid and nor binding on them and also sought a permanent injunction against A. Radhakrishnan restraining him from executing the sale deed in favour of A.S. Pongianna and delivering possession of the suit property to him. In this suit, respondent No. 1 was impleaded as one of defendants.

15) Against the said order, respondent No.1 filed an appeal bearing T.C.A. No. 5 of 2001 in the Court of Subordinate Judge, Erode. Vide order dated 28.06.2001, the subordinate Judge, Erode dismissed the said appeal and confirmed the judgment passed by the Rent Controller.

16) Against the said order, the respondent filed a revision petition being C.R.P. No. 337 of 2002 before the High Court. The High Court, by judgment dated 19.12.2003, dismissed the revision petition filed by respondent No.1.