MOHAMMED IBRAHIM Vs. K M GHANI

JUDGEMENT

(1.) This second appeal arises out of judgment in A.S.No.21 of 2005 confirming judgment of trial Court decreeing plaintiff's suit for declaration and recovery of possession of the suit property from defendants 1, 2 and 8. Unsuccessful defendants 1 and 2 are the appellants. For convenience, parties are to referred to in their original rank in the suit.

(2.) Suit property relates to Door No.141 of Gangaikondon Village, Neyveli. Suit site belongs to Neyveli Lignite Corporation. Third defendant's husband Azhagappa Chettiar had trespassed into the suit property and constructed a building and he was in enjoyment of the same. There is no dispute between the parties that the suit property originally belonged to Azhagappa Chettiar.

(3.) Case of plaintiff is that Azhagappa Chettair sold the suit property to 9th defendant and 9th defendant sold the suit propertysuperstructure under Ex.A1 sale deed (dt. 01.11.1978) in favour of plaintiff. Plaintiff has obtained proper licence from Neyveli Lignite Corporation and has been paying tax to Gangaikondon Panchayat. Plaintiff has let out suit building on 20.08.1980 on a monthly rent of Rs.120/- in favour of defendants 1 and 2. Defendants 1 and 2 are running a grocery shop under the name and style 'Habeep Traders'. Even though defendants 1 and 2 have agreed to surrender vacant possession of the building soon after expiry of tenancy period, they did not vacate and hand over possession. From 30.12.1985 defendants 1 and 2 are proclaiming that the suit property belongs to 8th defendant and that they are tenants under 8th defendant, which is legally not sustainable. Stating that defendants 1 and 2 are estopped from saying that 8th defendant is the owner of the property, plaintiff filed the suit for declaration of his title and also for eviction of defendants 1 and 2.