VETRI SELVI Vs. LAKSHMI AND ORS.

JUDGEMENT

(1.) THE defendant in O.S. No. 3600 of 2007 on the file of the learned XVI Assistant Judge, City Civil Court, Chennai is the appellant herein. The respondents are the plaintiffs in the suit. The plaintiffs filed the suit for declaration that the suit property belongs to them and for recovery of possession from the defendant and also for permanent injunction to restrain the defendant from dealing with the suit property in any manner. The plaintiffs also had prayed for damages at the rate of Rs. 3,000/ - per month for use and occupation. The Trial Court by decree and judgment dated 29.04.2009, decreed the suit as prayed for. Challenging the same, the appellant filed an appeal in A.S. No. 39 of 2010 on the file of the learned IV Additional Judge, City Civil Court, Chennai. During the pendency of the appeal, the defendant filed C.M.P. No. 795 of 2011 for reception of additional documents in evidence. By decree and judgment dated 28.07.2011, the lower Appellate Court allowed C.M.P. No. 795 of 2011, received three documents in additional evidence as Exs.B6 to B8 and 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.) I have heard the learned counsel on either side and perused the records carefully.

(3.) IN the written statement, it was contended by the defendant that it is true that the suit property originally belonged to the Tamil Nadu Slum Clearance Board and the same was allotted to one Mr. Durai on 04.04.1994. It is further stated that when Mr. Durai was alive, he sold away the suit property in the year 1993 itself for a consideration of Rs. 75,000/ -. It is further alleged that the defendant has also perfected her title by adverse possession. Thus, according to the defendant, she is the absolute owner of the suit property. She has further stated that the Tamil Nadu Slum Clearance Board has also transferred the allotment in the name of the defendant vide Exs.B1 and B5.