G SRINIVASA PILLAI Vs. G MEGANATHAN

JUDGEMENT

(1.) The defendant, who suffered an order of ejectment, under Section 41 of the Presidency Small Cause Courts Act, 1882, hereinafter called 'the Act', is the revision petitioner.

(2.) The respondent herein as plaintiff, filed an ejectment suit before the Small Cause Court, claiming that he is the absolute owner of the tiled house and cattle yard, built on the land belonging to Mannarsami Koil, that the defendant was permitted to occupy the same, under leave and license, that the said permission was revoked by the notices dated 23.1.1991 and 23.9.1998, directing him to vacate and delivery possession, which he failed to oblige and that under the above said circumstances, an order of ejectment should be passed in his favour.

(3.) The respondent/defendant opposed the suit inter alia, on the ground that he is in possession and enjoyment of the suit property, right from the year 1972 onwards in his own right, thereby he had prescribed title to the suit property, by adverse possession, that the plaintiff never gave permission to the defendant, to occupy the property under leave and license, since he had no right to do so also, and that the suit is aimed to grab the property, thereby praying for the dismissal of the suit.