T.K. BALASUBRAMANIAN Vs. RAJESWARI

JUDGEMENT

(1.) The plaintiff is the appellant in this Second Appeal. The case of the plaintiff is that he is the owner of the suit property and he purchased the same by virtue of a sale deed dtd. 13/8/1989. Thereafter the plaintiff had constructed a two-storeyed building and the house tax was also assessed in his name.

(2.) The further case of the plaintiff is that he married the defendant in the year 1996 and there were two children out of the said wedlock. At the time of filing this suit, the daughter was aged about 12 years and the son was aged about 10 years. Unfortunately the marriage was dissolved by a decree of divorce dtd. 8/8/2007 in H.M.O.P.No. 43 of 2007.

(3.) It is stated that there are three portions in the suit property. Two portions are in the ground floor and one portion is in the first floor. Even after the marriage was dissolved, the defendant continued to occupy the first floor of the suit property. It seems that the presence of the defendant was giving rise to certain untoward incidents. A legal notice was issued to the defendant to vacate and handover possession of the first floor that was occupied by her. Since the defendant did not act upon this notice, the suit came to be filed for the relief of mandatory injunction directing the defendant to vacate the first floor of the suit property and to handover possession to the plaintiff.