GULABDOSS NARAYANDOSS & COMPANY Vs. CALVE SADASIVA CHETTY (MADRAS); CALVE SAMBASIVAM; S LUTCHMIAH CHETTY; V NAGARAJ; G VIJAYKUMAR

JUDGEMENT

(1.) The defendant in O.S.No.13462 of 2009 on the file of the learned VI Assistant Judge, City Civil Court, Chenai is the appellant herein. The respondent is the plaintiff in the suit. The said suit was filed for recovery of possession and for recovery of damages for use and occupation of the building by the defendant at the rate of Rs.25,000/- per month from 01.11.2009. The trial court partly decreed the suit thereby granting decree for recovery of possession alone, but, the claim for damages was dismissed. As against the same, the appellant filed an appeal in A.S.No.400/2011 on the file of the learned I Additional Judge, City Civil Court, Chennai. By decree and judgment dated 16.12.2014, the lower appellate court dismissed the appeal, thereby confirming the decree and judgment of the trial court. Challenging the same, the appellant is before this Court with this Second Appeal.

(2.) This Second Appeal has come up today for admission. I have heard the learned Counsel for the appellant and I have also perused the records carefully.

(3.) The case of the plaintiff in brief is as follows: