T SELVARAJ Vs. K AMBIKA

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree, dated 21.7.2008, made in A.S. No. 487 of 2007, on the file of the IV Additional Judge, City Civil Court, Chennai, confirming the judgment and decree of the XVI Assistant Judge, City Civil Court, Chennai, dated 16.12.2004, made in O.S. No. 5281 of 2003.

(2.) The appellant had filed the suit, in O.S. No. 5281 of 2003, before the XVI Assistant Judge, City Civil Court, Chennai, praying for a declaration, declaring that the order, dated 9.2.2001, passed by the Rent Controller, in R.C.O.P. No. 1096 of 2000, is null and void, as it is without jurisdiction and not binding on the plaintiff, and for a consequential injunction restraining the first defendant from evicting the plaintiff in view of the said order and for costs.

(3.) The plaintiff in the suit, who is the appellant in the present second appeal, had stated in the plaint filed in the suit, in O.S. No. 5281 of 2003, that he is the absolute owner of the property and the superstructure at Old No. 20-A, New No. 56, Boxen Street, Perambur, Chennai, and that he has been in possession and enjoyment of the said property for the past several decades. It had also been stated that the first defendant was also residing in a portion of the suit schedule property, along with the other occupants, who are residing in the said property. The second defendant has been claiming that the plaintiff and the first defendant's properties and certain other properties are belonging to the trust.