BALASUBRAMANYA GUPTA Vs. SARASWATHI AMMAL DIED

JUDGEMENT

(1.) THE first defendant in O. S. No. 580/83 on the file of the District Munsif Court, Tindivanam is the appellant.

(2.) THE deceased first respondent/plaintiff had filed the suit, for declaration, that she is the tenant of the suit premises and for permanent injunction. The suit property originally belonged to one Krishnamoorthi Chettiar, who had rented the property to the plaintiff's husband Govindasami Chettiar. After the demise of Govindasami Chettiar, the plaintiff claimed, that she has been in possession and enjoyment of the suit property, as tenant. It was the further assertion of the plaintiff that the first defendant having failed in his attempt to evict the tenant from the premises, was attempting to dispossess the plaintiff, by illegal method. Thus alleging as said above, the suit came to be filed.

(3.) THE first defendant/appellant, disputing the tenancy right claimed by the plaintiff, as well as her possession on the date of filing of the suit, opposed the case of the plaintiff alleging, that the plaintiff was not doing any business in the suit premises, as tenant and that she had surrendered possession of the same to him and thereafter, the suit property is in the possession of the second respondent, as tenant. Thus, disputing the tenancy right claimed by the plaintiff, as well as the possession, the rights claimed by the plaintiff were disputed.