GEORGE THOMAS Vs. SRIVIDYA

JUDGEMENT

(1.) All these appeals arise from the common judgment dated 08.06.1998 made in C.S.Nos.866 of 1994, 485 of 1997 and 1505 of 1995.

(2.) For the purpose of convenience, Smt.Srividya will be referred to as "the plaintiff" and Mr.George Thomas will be referred to as "the defendant" and the Tax Recovery Officer IV, Madras - 34 will be referred to as the "second defendant".

(3.) The facts leading to the filing of C.S.No.866 of 1994 and as pleaded in the plaint are as follows:- The plaintiff by name Smt.Srividya is a film artist. She married the defendant on 19.01.1978. Out of her earnings as an actress in films, she purchased a vacant land at No.7, Narayanan Street, Mahalingapuram, Madras 600 034 to an extent of two grounds and 1964 sq.ft., from one Mrs.R.M.Sarojini by a registered sale deed dated 21.04.1983. After obtaining permission from the Corporation of Madras in the year 1985, she put up a construction on the said vacant land in the year 1986. The property is assessed in her name and she is paying the property tax. She is also an income tax and wealth tax assessee. After the construction of the building, both the plaintiff and the defendant lived together in the said house. Due to misunderstanding that arose between them, the defendant started ill-treating the plaintiff. The defendant, in fact was cruel and indulged in several acts of cruelty. Since the life was miserable, the plaintiff had to leave the house fearing for her life on 14.06.1987. Since then, the plaintiff is living separately. The defendant is squatting over the property besides enjoying the luxury articles left by the plaintiff in the house viz., sofa sets costly furniture, ward robes etc.