A MANICKA MUDALIAR Vs. MURUGESA MUDALIAR

JUDGEMENT

(1.) The appellant herein was the plaintiff in O.S. No. 219 of 1991 and O.S. No. 834 of 1986 and the 2nd defendant in O.S. No. 781 of 1985. O.S. No. 219 of 1991 was filed by the appellant for recovery of possession of the respondent. O.S. No. 834 of 1986 was filed for injunction restraining the respondent from putting up any construction in the suit property. O.S. No. 781 of 1985 was filed by the 1st respondent for injunction restraining the 1st defendant and the 2nd defendant from transferring the name of the suit property in favour of the appellant.

(2.) All the suits were tried together and common evidence was let in and by a common judgment, the suits filed by the appellant in O.S.Nos.219 of 1991 and 834 of 1986 were dismissed and the suit filed by the 1st respondent in O.S. No. 781 of 1985 was decreed and the appeals filed by the appellant were also dismissed and hence, these second appeals.

(3.) The case of the appellant was that the landed property on which the house was constructed originally belonged to Tiruchengode Handloom Weavers' Cooperative Production and Sale Sangam herein - after referred to as Sangam and the appellant was a member of that Sangam and Plot No. 8 was allotted to the appellant and he constructed a house thereon and in the year 1975, he left the place to Chidambaram and at that time, he allowed the 1st respondent to occupy the house as a tenant and the monthly rent was Rs.40/ - and he also left the document of title in that house in the custody of the 1st respondent and at the request of the 1st respondent, he also put his signature in blank stamped papers and white papers and the 1st respondent was paying the rent regularly and the rent was enhanced to Rs.100/ - and till 10.11.1983, the 1st respondent was paying rent and thereafter, the appellant came to the place and requested the 1st respondent to vacate and hand over the possession and that was refused and the 1st respondent claimed title over the suit property and the appellant filed R.C.O.P. No. 12 of 1984 for eviction and that was dismissed as the 1st defendant denied the relationship of landlord and tenant and therefore, a suit was filed in O.S. No. 219 of 1991 for recovery of possession of the suit property. In the meanwhile, the Sangam took steps to transfer the ownership in favour of the appellant and having realized the same, the 1st respondent filed a suit O.S. No. 781 of 1985 for injunction restraining the Sangam from transferring the ownership of the property to the appellant and the 1st respondent started further construction in the suit property and as he has no title over the same, the appellant filed O.S. No. 834 of 1986 for injunction restraining the 1st respondent from making any further construction in the suit property.