LAWS(MAD)-2003-3-3

DHANDAPANI DIED Vs. KARPAKAM

Decided On March 24, 2003
DHANDAPANI(DIED) Appellant
V/S
KARPAKAM Respondents

JUDGEMENT

(1.) Both the Courts below have concurrently held that the appellants are tenants in respect of the suit property, rejecting their claim that they are entitled to the suit property under the agreement between the first plaintiff's husband and the defendants. In the said context, the appeal was admitted on the following substantial question of law.

(2.) Admittedly, the suit property was assigned to one Devarajan, husband of the first plaintiff and father of plaintiffs 2 and 3 and the plaintiffs contend that the first defendant became a tenant and the second defendant is his wife.

(3.) On the contrary, the defendants, particularly the first defendant, put forward a case that though the suit property was assigned in favour of the first plaintiff's husband, by virtue of an arrangement between the first plaintiff's husband and the first defendant, it was given to the first defendant and the entire construction was put up out of the money of the second defendant.