MEENAL Vs. PARAMAKUDI VANIYA URAVINMURAIYALARGALIN

JUDGEMENT

(1.) Heard both sides

(2.) The revision petitioners filed the suit O.S. No. 89 of 2007, on the file of the District Munsif Court, Paramakudi, for injunction restraining the 3rd respondent herein from interfering with their possession and enjoyment of the suit property. The case of the revision petitioner is that the property belongs to Paramakudi Vaniya Uravinmuraiyalargalin Pothu Sabai, the first respondent herein and her husband was a tenant of that property and he was residing in one portion and was running a hotel in another portion of the suit property and after his death, the revision petitioner continued to reside in the first item of the property and was having a hotel in the 2nd item of the property and the property in the 2nd item where she was running hotel had fallen down due to heavy rain and she was not in a position to run the hotel and the 3rd respondent, who was the defendant in the suit attempted to interfere with her possession and enjoyment of the suit properties and therefore, she filed a suit for injunction.

(3.) The 3rd respondent filed a counter denying the claim of the plaintiff/revision petitioner and he also admitted that the properties belongs to the first respondent's Sabai and according to him, the first item of the property was leased out to his wife Nagajothi by the Sabai on 14.06.2006 and the revision petitioner/plaintiff and her son and daughter-in-law were allowed to occupy the first item of the property by the 3rd respondent till 01.03.2007 and thereafter, the revision petitioner refused to vacate the said property and has filed the suit as if she is the tenant of the property.