R LAKSHMI Vs. K GOPALAN

JUDGEMENT

(1.) THE appellants/defendants have preferred the present appeal before this Court as against the judgment and decree dated 23.12.2002 in O.S.No.2019 of 2000 passed by the learned Additional District Judge, (Fast Track Court No.V), Chennai.

(2.) THE trial Court, on an appreciation of oral and documentary evidence available on record, while passing the judgment in O.S.No.2019 of 2000 on 23.12.2002, has among other things observed that the respondent/plaintiff is entitled to the relief of recovery of possession and that the appellants/defendants are liable to pay the damages for use and occupation to the respondent/plaintiff a sum of Rs.36,300/- (Rupees Thirty Six Thousand and Three Hundred only) past damages and future damages at the rate of Rs.3,300/- (Rupees Three Thousand and Three Hundred only) p.m, from the date of plaint till date of delivery of possession and dismissed the balance claim for damages and decreed the suit without costs.

(3.) THE points that arise for rumination in this appeal are: (i) Whether the appellants/defendants are to vacate and deliver the vacant possession of the suit property with all its fittings and fixtures" and (ii) Whether the appellants/defendants are liable to pay a sum of Rs.36,300/- (Rupees Thirty Six Thousand and Three Hundred only) as damages towards use and occupation to the respondent/plaintiff and also to pay future damages at the rate of Rs.3,300/- (Rupees Three Thousand and Three Hundred only) p.m. from the date of plaint till date of delivery of possession"