V. SHIVAKUMAR Vs. G. LAKSHMI

JUDGEMENT

(1.) Whether the wife, who was enjoying the right of residence in the shared household, while living with her husband, should be allowed to continue to enjoy the same, even after divorce and whether the rightful owner can be directed to remove himself from that place or he can be directed to make alternative accommodation to the divorced wife, is the issue raised in this Suit. This Civil Suit has been filed by the Adopted Son, as against his step -mother, seeking: (a) direction to the Defendant to quit and deliver vacant possession of the Suit property; (b) direction to the Defendant to pay damages at Rs. 40,000 per month, from 1.1.2008 till the filing of the Plaint, which works out to Rs. 5,20,000; (c) directing the Defendant to pay future damages at Rs. 40,000 per month or enhanced rent over and above depending on the future market rental value from the date of Plaint till the date of delivery of possession.

(2.) The Suit property is located at Shastri Nagar, bearing Plot No. B -144, 10th Cross Street, Adyar, Chennai, comprised in T.S. No. 21, Block No. 37, Urur Village, Mylapore -Triplicane Taluk, Chennai District, measuring an extent of 1 ground and 2393 sq.ft., together with building thereon measuring around 1855 square feet.

(3.) The Suit property originally belonged to the Plaintiff's biological mother, Shantha. She purchased the property from the Tamil Nadu Housing Board under the Sale Deed, dated 30.7.1990. The mother -Shantha expired during May 1991. Upon which, the Suit property devolved upon the Plaintiff and his father. Thereafter, the Plaintiff's father married the Defendant and the marriage turned out to be a frightening one. Because of the cruel conduct of the Defendant, the Plaintiff had to move from the Suit property to another place for accommodation on 1.2.1997.