MARAGATHAM Vs. CHELLADURAI

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed O.S.No.115 of 2004 before the District Munsif Court, Srivaikundam for recovery of possession. The suit was decreed by the trial Court. The first defendant filed A.S.No.80 of 2010 before the Subordinate Court, Thoothukudi. The learned Subordinate Judge was pleased to allow the appeal. As against the same, the plaintiff has filed the above second appeal.

(3.) The plaintiff has contended that the suit schedule property belongs to her mother Selvammal and during her life time, she had entrusted the suit property to one Chelladurai who is the defendant in the suit. The said Selvammal had passed away on 23/8/1985. After her death, the plaintiff has become the absolute owner of the suit schedule property. The defendant is in possession of the suit schedule property only as a permissive occupant. Hence, the plaintiff issued a notice calling upon the defendant to vacate and hand over the suit schedule property on 4/3/2003 under Exhibit A1. However, there was no reply from the defendant and the defendant has also not handed over the possession. Hence, the present suit.