MOHAMMED ALI Vs. M DURAISWAMY

JUDGEMENT

(1.) MOHAMMED Ali, appellant herein, is a tenant under M. Duraiswamy , respondent herein. The suit filed by the respondent against the appellant for mandatory injunction and permanent injunction was decreed. Aggrieved by that, the appellant filed first appeal before the lower appellate Court, which, in turn, confirmed the decree, passed by the trial Court. Hence, this Second Appeal, by the tenant.

(2.) ACCORDING to the respondent/plaintiff, the suit property belongs to him and the defendant has been in possession and enjoyment of the same as a tenant since 1987. The defendant, without his permission, tried to put up an additional construction in the suit site. Therefore, he filed a suit for permanent injunction. During the pendenc y of the suit, the defendant completed the construction, as temporary injunction was not granted. Hence, he, by way of an amendment, sought for mandatory injunction and permanent injunction, in respect of the superstructure in question, in the suit.

(3.) I have heard the learned counsel for the appellant and also the learned counsel for the caveator.