B. SHANTHILAL Vs. B. PALANI

JUDGEMENT

(1.) THE arguments advanced on both sides are heard. The materials produced in the form of typed set of papers are also perused.

(2.) THE plaintiff in the original suit O.S. No. 8605/2008 pending on the file of the VII Assistant Judge, City Civil Court, Chennai is the petitioner in the present revision. He filed the said suit against the respondent herein for a decree directing the respondent herein to hand over vacant possession of the land, allegedly encroached by him, that was more fully described in the schedule annexed to the plaint.

(3.) WHEN the claim of the person through whom the revision petitioner derived his right as a mortgagee had lost her legal fight in two suits filed earlier, the petitioner seems to have filed the present suit claiming as if he was in possession and enjoyment of the suit property right from the date of execution of a mortgage deed, dated 28.10.1997. The suit filed by the respondent herein against Gowri and the suit filed by Gowri against the respondent were subsequent to the execution of the mortgage deed, based on which, the revision petitioner claims the relief. In those suits, the claim of possession of the respondent as a lessee under the temple was upheld and the relief of permanent injunction not to disturb his possession was granted, whereas the claim of Gowri for a similar injunction based on her contention that she alone was in possession and enjoyment, was negatived.