SOMASUNDARAM Vs. PARAMESWARIAMMAL

JUDGEMENT

(1.) The Appeal is filed by the 7 defendant/Somasundram against the judgment and decree passed in O.S. No. 8721 of 2010 (formerly C.S. No. 845 of 2009 on the file of High Court, Madras, later renumbered and transferred to City Civil Court, Chennai). Pleadings in nutshell:-

(2.) The suit laid by the plaintiffs on the premise that, the property morefully described under "A? schedule in the plaint is about 17 grounds and 400 sq.ft comprised in S. Nos. 64 and 66, T.S. No. 2, Block-22, Uroor Village, Chennai Corporation Division 137, Adyar. It is part of 23 acres and 70 cents of land held by M.A. Sreerangammal W/o. Srinivasa Iyengar. The said M.A. Sreerangammal got the property through a settlement deed from her husband on 09.12.1935. Some time before 1956, one Subbadrammal W/o. Krishna Naicker, was in possession of the property as a tenant putting up a construction in a portion of the land. She was permitted to sublet portion of the land. The landlady M.A. Sreerangammal ejectment suit in O.S. No. 12 of 1954, for recovery of possession and other reliefs. Response to this ejectment suit, Subbadrammal filed O.S. No. 252 of 1956 on the file of the City Civil Court, Chennai, against the landlady M.A. Sreerangammal and three others seeking protection under City Tenant Protection Act 1955, in respect of the lands comprising in Survey Nos. 64,66,71,72 and 73 situated in Uroor Village.

(3.) Against the dismissal of her suit, the said Subbadrammal filed Appeal against the judgment in O.S. No. 252 of 1956. The Appellate Court remanded the matter to the Lower Court for fresh Trial. After de nova trial, the suit came to be allowed. On Appeal in A.S. No. 216 of 1958, the Trial Court decree got reversed. Hence, Subbadrammal preferred Second Appeal before the High Court, Madras. In the said appeal S.A. No. 61 of 1960, decree was passed as per the compromise memo entered between the parties.