V RAVINDRAN Vs. S JAYANTHI SELVAM

JUDGEMENT

(1.) This appeal is filed against the fair and decretal order passed in I.A. No. 1763 of 2011 in O.S. No. 10044 of 2010 dated 12.4.2011 on the file of the VI Additional City Civil Court, Chennai, whereby the Court below by allowing the application filed by the first respondent/plaintiff, punish the appellants 1 and 2/defendants 1 and 3 to pay a sum of Rs. 5,000.00 each to the first respondent/plaintiff as compensation under Order 39 Rule 2(a) of Civil Procedure Code .

(2.) Brief facts which are necessary to decide the issue involved in this appeal are as follows:

(3.) It is the case of the first respondent/plaintiff that she had purchased the suit schedule property viz., vacant land bearing New Door No. 20, Old Door No. 39, Rasul Umar Bagadhur Main Street, Halls Garden, Royapettah, Chennai-600 014, in and by two separate sale deeds dated 14.12.1998 and 12.2.1999 from T.A. Ramachandran and others. The said documents were registered as Document Nos. 1229 of 1998 and 123 of 1999 in the Office of Sub Registrar, Triplicane. It is the further case of the first respondent/plaintiff that at the time of negotiation for purchase of the suit property, the first respondent/plaintiff was assured by her vendors as the appellants 1 and 2/defendants 1 and 3 who were temporarily residing in the suit property will immediately vacate the property and they were permitted by the vendors of the first respondent/plaintiff only for dwelling purpose without creating any kind of encumbrance over the property. Since the first respondent/plaintiff had believed the assurance of her vendor she had purchased the suit property by the aforesaid two registered documents. But, after the execution of sale deeds in favour of the first respondent/plaintiff by T.A. Ramachandran and others, the appellants/defendants have not vacated the the property in-spite of the demands made by the first respondent/plaintiff as well as by her vendor. On the other hand, the appellants/defendants have started to demand huge amount for vacating and handing over the vacant possession of the suit property to the first respondent/plaintiff. Hence, the plaintiff has filed the suit for the prayer stated above.