O. MURALIDHARAN Vs. CHEVALIER T. THOMAS EDUCATIONAL TRUST

JUDGEMENT

(1.) This Second Appeal is filed by the plaintiff against the concurrent findings of the Courts below in a suit for permanent injunction restraining the defendant from interfering with his peaceful possession and enjoyment of the suit property except by due process of law.

(2.) The appellant herein as plaintiff pleaded that he is in occupation of suit premises measuring a total extent of 700 sq.ft. South West portion of premises bearing No.117, Raghavan Street, Perambur, Chennai 11, since 1984. He cleaned up the bushes/premises and put up construction thereon in the portion marked as "ABCDEF" in the rough sketch annexed to the plaint. In the front portion, he is running a Tailor shop and in the rear portion, he is residing continuously since 1984. He has perfected his title by adverse possession. The defendant is running a school in the adjacent premises to evict the plaintiff by force claiming that they have title over the property. The cause of action arose on 17.04.2003 when the defendant's men threatened the plaintiff to evict, when they have no right to interfere with the peaceful possession of the plaintiff.

(3.) The defendant filed the counter resisting the suit claiming that the suit property belongs to them and the plaintiff was a licensee under them carrying on canteen for the school in the suit property. The construction belongs to the Trust. As a permissive occupant, the plaintiff was allowed in the suit property and he cannot claim adverse possession. Since there is no cause of action disclosed in the plaint, the suit has to be rejected under Order 7 Rule 11 C.P.C.