Y. SATHISH Vs. K. G. JOTHISANKAR

JUDGEMENT

(1.) The present Civil Revision Petition has been filed against the fair and decreetal order dated 11-12-2019 passed in M.P.No.504 of 2018 in R.CO.P.No.1453 of 2015 on the file of learned XVI Small Causes Judge, Chennai by raising grounds.

(2.) The case of the petitioner is that he is a tenant under one K.G.Upendra and paying monthly rent without any default. When the said K.G.Upendra demanded an exorbitant amount as rent, he was forced to file O.S.No.6882 of 2014 before the learned VIII Assistant Civil Judge, Chennai. The said Upendra was hospitalised on 19.09.2014 and he died on 03.12.2014 in the hospital and was unconscious at that time. One Jothisankar, who is the elder brother of said Upendra, alleged that the said Upendra had executed a settlement deed in favour of him by giving power to one Sridhar authorising him to present the settlement deed in favour of the said Jotishankar before the Sub-Registrar, T.Nagar, Chennai at the time when he was hospitalized, but to the petitioner's knowledge, the said landlord, namely, Upendra has not regained his conscious from 19.09.2014 to 03.12.2014 and died on 03.12.2014.

(3.) It is further averred by the petitioner that the deceased Jothisankar is not the only brother of the said K.G.Upendra, / petitioner's landlord but also there are other sisters and brothers. When the landlord, viz., K.G.Upendra was in unconscious stage, almost in the stage of coma, he could not have executed power of attorney and all these documents have been created for the sake of claiming right over the property and they all are forged one. Further, the petitioner submitted that he has been depositing the monthly rents in the ICICI Bank, Bazulla road branch, Chennai and absolutely there is no intention of dragging on the proceedings and only landlord's brother had filed eviction petition claiming title over the property under the said forged documents and had played fraud in the court.