LAWS(MAD)-1991-4-80

DORAIBABU Vs. K MASILAMANI

Decided On April 29, 1991
DORAIBABU Appellant
V/S
K. MASILAMANI Respondents

JUDGEMENT

(1.) THESE appeals against the decrees in C.S. No. 313 of 1976 and C.S. No. 222 of 1977 arise out of a common judgment of a learned single Judge of this Court. They have been heard together. Common arguments have been advanced both on behalf of the appellants and the respondents. Since most of the questions involved in the two suits and appeals are common, they are disposed of together.

(2.) C.S. No. 313 of 1976 was filed for a declaration of the plaintiff's title under a settlement deed dated 12.6.1967 and recovery of possession against 13 defendants of whom defendants 5 to 13 are tenants. C.S. No. 222 of 1977 had been filed by the first defendant in C.S. No. 313 of 1976 against the 9th defendant in C.S. No. 313 of 1976. Originally C.S. No. 222 of 1977 was filed on the file of the City Civil Court, Madras as O.S. No. 9874 of 1975 for recovery of arrears of rent.

(3.) DEFENDANTS 6, 9, 10, 12 and 13 filed separate written statements to the effect that they are tenants and entitled to remain in possession and that the plaintiff cannot recover possession from them though he could claim rents if his claim of title was upheld.