S.DURAIVELU Vs. N.THANGAMANI

JUDGEMENT

(1.) The 3rd, 4th and 5th defendants, who were the legal representatives of the 1st defendant in O.S. No. 9249 of 2011 on the file of the XIX Additional City Civil Court, Chennai, are the appellants herein, aggrieved by the Judgment and Decree dtd. 11/3/2016 whereby the suit for specific performance had been decreed with costs.

(2.) Originally O.S. No. 9249 of 2011 had been filed as C.S. No. 797 of 2005 in the Original Side of the Madras High Court. It was later transferred to the City Civil Court. When the suit was filed, there was only one defendant S. Duraivelu. Later in the year 2006, the 2nd defendant, Shenoynagar Saswatha Nidhi Limited., was impleaded. However, the learned counsel for the plaintiffs during the final hearing of the case had made an endorsement giving up the second defendant and therefore, the suit was dismissed as against the second defendant on 23/1/2013. Owing to the death of S. Duraivelu, his legal representatives were impleaded as 3rd to 5th defendants and they are the appellants herein.

(3.) The plaintiff N. Thangamani, claimed that he was a tenant under the defendant S. Duraivelu with respect to a shop portion in the property at Plot No. 26, T H Road, M R Nagar, Kodungaiyur, Chennai. He was running a business in sale of colorful Aquarium Fishes. He claimed that he had paid an advance of Rs.50,000.00 in the year 2000, when he became the tenant.