LAWS(MAD)-2005-4-35

MAYILU AMMAL Vs. RENGANATHAN

Decided On April 29, 2005
MAYILU AMMAL Appellant
V/S
RENGANATHAN Respondents

JUDGEMENT

(1.) THE revision petitioners are the defendants in the suit before the trial Court.

(2.) THE respondent/plaintiff filed the suit for permanent injunction on the basis of his possession of the suit property in the capacity as transferee of the leasehold right in respect of the suit land from the husband of the first petitioner herein, who was the lessee of the same originally. THE respondent sought the permission of the trial Court for reception of the unstamped and unregistered transfer deed of the leasehold right in respect of the suit property for the collateral purpose of proving his possession of the same.

(3.) RELYING on the said proposition of law, learned counsel for the respondent would urge that in this case also, the document sought to be marked in evidence can be looked into for collateral purpose of the nature of possession of the suit land by the respondent. Hence, it is urged that the ratio laid down in the decision relied on by the revision petitioners cannot be made applicable to the fact of this case.