LAWS(MAD)-2011-1-130

S BEGUM Vs. R PRAVEEN KUMAR

Decided On January 19, 2011
S.BEGUM Appellant
V/S
R.PRAVEEN KUMAR Respondents

JUDGEMENT

(1.) This second appeal is focussed animadverting upon the judgement and decree dated 02.06.2010 passed in A.S. No. 204 of 2009 by the learned V Addl. Judge, City Civil Court, Chennai, in reversing the judgment and decree of the learned VIII Asst. Judge, City Civil Court, Chennai. in O.S. No. 4005 of 2007. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) The epitome and the long and short of the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus :

(3.) Challenging and impugning the judgment of the first appellate Court, the tenant/defendant filed the Second Appeal on various grounds inter alia to the effect that the first appellate Court failed to take into consideration the factum of rent having been paid even after the alleged termination of tenancy by the landlord. In the earlier suit for injunction filed by the tenant as against the plaintiffs, judgment was passed in favour of the tenant and that would operate as res judicata as against the landlord to file a suit for eviction.