D. RAJAMMAL Vs. R. MUTHUSAMY (DIED)

JUDGEMENT

(1.) The Plaintiff is the Appellant herein. The sole Defendant was arrayed as the Respondent. After his demise, his Legal Heirs were impleaded as the Respondents 2 to 4.

(2.) For the sake of convenience, the parties will be referred to according to their litigative status as before the Trial Court.

(3.) The Suit property is the absolute property of one Rangasamy Naidu. The said Rangasamy Naidu has three children, viz., the Plaintiff, the Defendant and one Govindaraj. The Suit property was purchased by the Plaintiff's father by virtue of the Sale Deed, dtd. 10/10/1934. The House property was purchased by the Plaintiff's father by his own earnings on 6/4/1984. As the Defendant was in need of a house, the Plaintiff's father rented out a portion of the house to the Defendant and was collecting Rent. In the year 1984, when there was a dispute between the Plaintiff's father and the Defendant, the Plaintiff's father filed a Suit in O.S. No.895 of 1984 for delivery of vacant possession and for Rent. However, after the demise of their father on 10/1/1988, since the Defendant agreed to pay the Rent, the Suit was allowed to be dismissed for default.