V.MANI Vs. BABU

JUDGEMENT

(1.) This Second Appeal has been filed at the instance of the 1st defendant. The plaintiff before the trial Court is the 1st respondent herein. The defendants 2 and 3 before the trial Court are the official respondents.

(2.) For the sake of convenience, the parties will be referred to according to their litigative status before the trial Court. The brief facts which gives rise to the instant second appeal is that:

(3.) According to the plaintiff, the suit property was originally belonged to one Raju Chettiar. From Raju Chettiar, the plaintiff has purchased the suit property under the sale deed, dtd. 7/10/1991. Since the Raju Chettiar died after execution and prior to registration of the sale deed, after complying due procedures, the sale deed was got registered on 6/1/1993. It is the submission of the plaintiff that even at the time of purchase, the 1st defendant was in occupation of the suit property as tenant under Raju Chettiar. While so, the plaintiff filed RCOP.No.9 of 1999 before the Rent Controller, Cuddalore, wherein, the 1st defendant disputed the tenancy. Eventually, the RCOP was dismissed on 20/12/2001 with a finding that the relationship of the land lord and tenant has not been proved. Since the plaintiff did not want to prolong the litigation, he contemplated the instant suit.