D SREENIVASA MUDALIAR CHARITY Vs. DHANASEKARAN

JUDGEMENT

(1.) THE unsuccessful plaintiff before the courts below has filed this second appeal.

(2.) THE plaintiff filed a suit in O.S.No.5983 of 1982 on the file of the City Civil Court, Madras for recovery of possession of the suit property bearing door No.90, New Door No.46, Kodambakkam High Road, Madras-17 from the defendants on receiving a sum of Rs.3,000 as compensation for the superstructure standing on the suit property and for arrears of rent and damages.

(3.) THE substantial question of law that arises in this case is whether the respondents/defendants are estopped from denying the title of the appellant/plaintiff in view of the prohibition under Sec.116 of the Indian Evidence Act, 1872.