T RAMASAMI Vs. KUTTAKATTU RAMASAMI GOUNDER DECEASED

JUDGEMENT

(1.) SINCE the subject matter and the parties in both the appeals are same, they are disposed of by this common judgment.

(2.) BOTH the Second Appeals are directed respectively against the common judgment and decrees dated 28.08.1989 made in A.S.Nos.8 of 1989 and 17 of 1988 on the file of II Additional District Court, Salem, whereby the common judgment and decrees dated 20.11.1987 made in O.S.Nos.35 of 1985 and 309 of 1976 on the file of Principal Sub Court, Salem, were set aside.

(3.) DEFENDANTS 1 to 3 filed a written statement, denying the averments in the plaint and stated that the plaintiffs are not in possession and enjoyment of the suit properties as a lessee under the 1st defendant Abdul Subban or under defendants 2 and 3, his daughters and as such, they cannot claim any right under any legislation and there is no relationship of landlord and tenants between them. The plaintiffs, who got an order of ad-interim injunction at the time of filing the suit, trespassed into the suit properties by taking advantage of the interim order. DEFENDANTS 2 and 3 have sold the suit properties to defendants 4 and 5 under a registered sale deed dated 05.04.1973 for a valid consideration of Rs.49,999/-. Hence, they prayed for the dismissal of the suit.