T.BAKEERATHAN Vs. C.JAYARAMAN

JUDGEMENT

(1.) Challenging the order passed by the Executing Court in E.A.No.3 of 2023 in EP.No.36 of 2014, the present revision has been filed.

(2.) The first respondent has filed a suit in E.S.No.5 of 1999 on the file of the IV Judge, Small Causes Court at Chennai under Sec. 41 of the Presidency Small Causes Court Act for ejectment of the defendants contending that the plaintiff is the absolute owner of the suit property measuring 2565 sq.ft., situated in Old Survey No.37/20, New T.S.No.43, Block No.1, Kodambakkam Village, bearing Door No.19, Alagar Perumal Koil Street, Vadapalani, Chennai. The plaintiff inherited the suit property from his father. The first defendant Y.S.R.Moorthy (Deceased) has entered into a lease agreement with the plaintiff's father on 23/11/1956 and till the life-time of plaintiff's father, the first defendant was a tenant having put up a construction on the demise land and residing therein. After the demise of the plaintiff's father on 26/6/1977, the plaintiff became the absolute owner of the suit land the the first defendant continued to pay the lease rentals. As per lease agreement dtd. 23/11/1956, the monthly rent was Rs.3.00 per month. The first defendant had been paying the monthly rent irregularly till January 1988 and defaulted from 1/2/1988. Thus, the plaintiff issued notice dtd. 26/11/1992 calling upon the first defendant to surrender vacant possession. However, in the meanwhile, the first defendant had illegally parted with the possession of the schedule land in favour of the defendants 2 and 3. Hence, the suit was filed for ejectment.

(3.) Written statement was filed by the defendants 1 and 2. According to them, the first defendant was enjoying the property from the year 1950 and patta was obtained in his name. The first defendant sold the property by registered sale deed dtd. 27/5/1998 and the defendants 2 and 3 have obtained patta in their names. Hence, sought for dismissal of the suit.