S. KRISHNAMURTHY, (DIED) Vs. M. SENGALUNI AMMAL

JUDGEMENT

(1.) These second appeals are arising out of seven different suits filed by the plaintiffs against the defendants challenging the concurrent finding of the Courts below in the common judgment. The facts and cause of action are one of the same. The appellants being the common party in all the appeals, common judgement is rendered.

(2.) The relief sought in the suits is declaration of title and mandatory injunction to remove the super structure put up by the defendants and hand over the vacant possession.

(3.) In the plaint, it is averred that, the suit schedule property originally belonged to one Gurusamy. During his life time, he executed a Will dated 18.03.1969 in favour of the plaintiffs. On 05.01.1971 Gurusamy died. From that day, the Will came into force. The defendants are the tenants under Gurusamy. After the death of Gurusamy, the defendants accepted the right of the plaintiffs, but they were not paying rent to the plaintiffs. Hence, eviction proceeding was initiated before the Rent Control Tribunal. Since the title of the plaintiffs was denied by the defendants and the landlord- tenant jural relationship was under cloud, the Rent Control proceeding initiated by the plaintiffs were dismissed. Therefore, the suits for declaration of title and vacant possession filed.