LAWS(MAD)-2024-12-106

RAJESWARIAMMAL Vs. LUMDY JOE REEBA

Decided On December 13, 2024
Rajeswariammal Appellant
V/S
Lumdy Joe Reeba Respondents

JUDGEMENT

(1.) This Civil Revision Petition arises against the order of return of Counter Claim SR.No.10600 of 2022 in O.S.No.185 of 2020 by learned Principal District Munsif Court at Alandur, dtd. 5/9/2024.

(2.) The Civil Revision Petitioners are the defendants in the suit. O.S.No.185 of 2020 is a suit for permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit premises. The suit premises has been described as an extent of 572 sq.ft comprised in Door No.2/33 bearing S.Nos.R.S.1622, 1623/2 and GLRS 256/213.

(3.) The claim of the plaintiff is that she had obtained the property from one Murali. Murali had got the property from his father Vasudevan Pillai. Vasudevan Pillai had obtained the property by way of a partition deed dtd. 24/4/1969. After she had acquired the said property, she wanted to demolish the existing superstructure and put up a new one. Considering that the defendants are neighbours, she constructed a temporary toilet so as to enable the defendants to enjoy the property.