SARAL SAROJA Vs. SIMSON

JUDGEMENT

(1.) This second appeal has been directed against the concurrent Judgments passed in Original Suit No.7 of 1990 by the District Munsif Court, Ambasamudram and in Appeal Suit No.7 of 1994 by the Sub Court, Ambasamudram.

(2.) The respondent herein as plaintiff has instituted Original Suit No.7 of 1990 on the file of the trial Court for the reliefs of declaration, recovery of possession and also for future mesne profits, wherein the present appellant has been shown as sole defendant.

(3.) It is averred in the plaint that the suit property is originally belonged to the father of the plaintiff by name Kovil Pichai Nadar and he enjoyed the same uninterruptedly for more than a statutory period. The plaintiff has purchased the suit property under a registered sale deed dated 26.12.1988. After purchase, the plaintiff has asked the defendant to vacate the suit property. But the defendant has agreed to enjoy the suit property on a monthly rental of Rs.75/- and also given assurance to vacate the suit property within six months. The defendant has paid monthly rent upto April 1989 and thereafter she failed to pay monthly rent. The plaintiff has issued a legal notice on 13.10.1989 to the defendant and even after receipt of the same, she has failed to vacate the suit property. She has also given a legal notice contending false averments. It is false to say that the suit property has been allotted to the husband of the defendant in a family arrangement. It is also equally false to say that the husband of the defendant has improved the suit property by way of spending Rs.20,000/-. No family arrangement has been made as stated on the side of the defendant. Under the said circumstances, the present suit has been instituted for the reliefs sought for in the plaint.