J M CHANDRASEKARAN Vs. KRISHNAMURTHY

JUDGEMENT

(1.) THIS second appeal as well as contempt petition came to be posted before this court on being specially ordered by the Hon'ble Chief Justice vide order dated 21.4.2011. The contempt petition is filed by the petitioner, who is the appellant in the second appeal. The contempt is to punish the respondent for having disobeyed the interim order passed by this court in C.M.P.No.6953 of 2003 in S.A.No.1233 of 2002, dated 12.08.2003. By the impugned order, this court had directed the respondent instead of depositing the rent in the bank, should deposit Rs.300/- towards rent of the property to the credit of O.S.No.789 of 1994 on the file of the I Additional Sub Court, Villupuram and he should continue to deposit the amount till the disposal of the second appeal. The court also held that the respondent should not alter the building and there will be an injunction against the respondent from altering the suit property till the disposal of the second appeal.

(2.) IT is the case of the petitioner in the contempt petition that the respondent had started demolishing the property and construction work in the portion leased out to him and that there are building materials gathered inside the premises and debris being removed. The existing front doorways have been removed and narrow doors have been fixed. The respondent also removed the dividing wall between the two portions and had changed the flooring.

(3.) IN the main second appeal, the challenge is to the judgment and decree made by the Principal District Judge, Villupuram in A.S.No.151 of 2001, dated 2.4.2002 in having reversed the judgment and decree passed in O.S.No.789 of 1994, dated 11.7.2001 on the file of the I Additional Subordinate Judge, Villupuram. The second appeal was admitted on 5.8.2002 and the following four questions of law were framed as substantial questions of law for consideration in the second appeal as required under Section 100 of CPC: