DHANALAKSHMI Vs. MRS GOWRI

JUDGEMENT

(1.) THE defendant, who was successful in the Trial Court and unsuccessful in the Lower Appellate Courts is the appellant herein. THE respondents/plaintiffs filed the suit for recovery of possession.

(2.) THE case of the respondents was that they were residing in the suit property and the appellant without possessing any title, claimed that she was the owner of the suit property and filed the suit in O.S.No.5603 of 2004, on the file of the III Additional Judge, City Civil Court, Chennai and obtained an ex parte order of interim injunction. THE appellant also dispossessed the respondents to an extent of 29 feet north south and 20.6 feet east west, with the help of the said ex parte order. As the appellant has no title or right to dispossess the respondents, the suit was filed under Section 6 of the Specific Relief Act (hereinafter referred to as the 'Act') for delivery of possession and the suit was filed within a period of six months from the date of dispossession, as the respondents were dispossessed illegally, without following the due process of law.

(3.) THE following substantial question of law has been framed at the time of admission:-