LAKSHMINARAYANAN Vs. FAMILY MANAGER V SURIYANARAYANAN

JUDGEMENT

(1.) The plaintiffs in the Original Suit are before this Court are Appellants. Against the judgment of the First Appellate Court reversing the judgment of the Trial Court allowing the suit, hence the present Second Appeal is filed.

(2.) The parties are referred as per the rankings and designation shown in the plaint. The case of the plaintiffs:

(3.) On 29.12.1972, the said Venkataram Chettiar settled the said property by way of a registered settlement deed dated 29.12.1972 in favour of the plaintiffs. At the time of the settlement, the plaintiffs were minors. The 2nd defendant as their guardian took possession of the property on their behalf. The settlement deed came into force immediately and acted upon. The said Venkatarama Chettiar died on 28/02/1973. When the 1 st defendant in the year 1975 requested for accommodation, the 2 nd defendant let out the demise premises for a rent of Rs.150/- p.m to the first defendant. In the year 1982 when the property got dilapidated, the first defendant was asked to vacate and hand over the premises to carry out repair work. The first defendant refused to vacate and also tried to alter the physical feature of the demise premises, hence eviction proceedings before the Rent Control Tribunal at Bhavani in R.C.O.P.No.5/1982 for eviction and a Civil Suit for injunction in O.S.No.263/1983 on the file of District Munsif Court at Bhavani was filed by the plaintiffs through their father against the first defendant. The eviction petition R.C.O.P.No.5/1982 was dismissed for want of jurisdiction on the ground that there is substantial dispute regarding title. The said findings of the Tribunal was confirmed by the Appellate Authority in R.C.A.No.24/1983 and also by the High Court in C.R.P.No.4907 of 1984. The Civil Suit was filed for injunction was dismissed for default.