C JAGADEESAN Vs. ANNAMMAL

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 9.8.2006, made in A.S.No.90 of 2005, on the file of the Subordinate Court, Ranipet, confirming the judgment and decree of the trial Court, dated 29.11.2004, made in O.S.No.198 of 1994, on the file of the District Munsif Court, Sholinghur.

(2.) THE defendant in the suit, in O.S.No.198 of 1994, is the appellant in the present second appeal. THE plaintiff in the said suit is the respondent herein.

(3.) THE plaintiff had further submitted that the defendant has no right title or interest in the said property. It has also been stated that, while so, the defendant had requested the plaintiff and her husband to permit him to have a thatched house put up in the property in question, for residential purpose, during the month of February, 1986. Accordingly, the plaintiff had permitted the defendant to enjoy a portion of the property on the understanding that he should vacate the said property and hand over vacant possession of the same to the plaintiff, as and when a demand was made by the plaintiff. Since, the defendant had refused to hand over vacant possession to the plaintiff, even though the defendant was asked to do so, the plaintiff had filed the suit, in O.S.No.198 of 1994, on the file of the District Munsif Court, Sholinghur.