MOHIDEEN ABDUL KHADAR Vs. RAHMATH BEEVI

JUDGEMENT

(1.) Delay condoned.

(2.) The present petitions have been filed by two nephews of one Mohideen Abdul Khadar, who died on 14/6/2019. He had interest in two blocks of lands, adjacent to each other located in Thenkasi Taluk, Kadayanallurpet within the Kadayanallur municipal limits in the State of Tamil Nadu. The petitioners bring this action in the capacity of legatees of said Mohideen. The dispute relates to title of Mohideen in respect of one block out of the two, described as first scheduled property in his plaint which triggered off the suit giving rise to this proceeding. The other part of the dispute is over retention of his possession and tenancy right in respect of second scheduled property, as described in his plaint. The first scheduled property measures approximately 15x15 sq. feet over which Mohideen claimed title whereas the second scheduled property measures approximately 15x18 sq. feet. There is some dispute on its measurement, which we shall deal with later in this judgment. In respect of the latter block of land, one Rahmath Beevi sued for delivery of vacant possession whereas Mohideen asked for protection of his possession in his suit. The original owner of both these properties was one Ameenal Beevi (since deceased) and she had conveyed the first scheduled property to Mohideen on 16/8/1989 through a deed of sale. So far as the second scheduled property is concerned, the case of the petitioners is that it was rented out to their predecessor by Ameenal Beevi only. Said Ameenal Beevi had conveyed this property to Rahmath Beevi (since deceased) on 30/5/1995 through another deed.

(3.) Original Suit No. 172 of 1995 was instituted by Mohideen in the Court of Principal District Munsif Judge, Thenkasi. In this suit Mohideen claimed benefit of Tamil Nadu City Tenants Protection Act, 1921. This Statute gives certain additional protection to a class of tenants beyond what is contained in the Transfer of Property Act, 1882 (hereinafter '1882 Act'). Mohideen along with one Sahul Hameed, who also appears to have had been in occupation of part of the land conveyed to Rahmath Beevi by Ameenal Beevi had been served with notices to quit by Rahmath Beevi in terms of Sec. 106 of the 1882 Act both dtd. 11/8/1995. Mohideen wanted declaration of title to the first scheduled land and permanent injunction restraining the defendants from disturbing his peaceful possession over the second scheduled property. So far as status of first scheduled property is concerned, Mohideen's title is not in much dispute. In their counter-affidavit, petitioners claiming to be the legal representatives of Rahmath Beevi (henceforth referred to as the respondents) have taken a plea that Mohideen himself had sold the first scheduled property on 6/12/2017 to his two nephews. They appear to be the petitioners before us.