LAWS(MAD)-2021-1-49

CHANDRA Vs. REVATHY

Decided On January 05, 2021
CHANDRA Appellant
V/S
REVATHY Respondents

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decreetal order in I.A.No.40 of 2015 in O.S.No.249 of 2013 dated 12.03.2015 on the file of the learned Principal District Munsif, Mayiladuturai thereby partly allowing the petition filed by the petitioners herein.

(2.) The learned counsel for the petitioner would submit that the petitioners are the defendants and the respondent is the plaintiff, who had filed a suit for injunction. The case of the plaintiff is that the suit property belong to a temple and her father-in-law was a tenant. The respondent claimed that her father-in-law transferred his tenancy rights in her favour and as such she has been in possession and enjoyment of the suit property.

(3.) He further submitted that her father-in-law transferred his tenancy rights in favour of the 2 nd petitioner after receipt of adequate consideration. He also executed a lease deed to that effect on 24.05.1997. In fact her husband also executed documents in respect of the portion of the suit property surrendering her tenancy rights in favour of the 2 nd petitioner herein dated 22.05.1998. The another portion of the properties tenancy right was also transferred in favour of the 2 nd petitioner by the document dated 31.01.1998. In fact all the documents have been categorically mentioned in the written statement and the entire property has been in possession and enjoyment of the petitioners even prior to the documents referred in the written statement.