KANNU REDDIAR Vs. T PALANIRAJAN

JUDGEMENT

(1.) THE defendant in O. S. No. 579 of 1984 on the file of the first Additional Subordinate Judge, Pondicherry is the appellant in this appeal.

(2.) THE suit was initially filed by one P. Nirmala as an indigent person in O. P. No. 46 of 1983. THE said P. Nirmala is the wife of the 1st respondent and mother of respondents 2 to 5. Leave was granted to her to sue as an indigent person. P. Nirmala died before the suit was taken on file. Hence, her legal representatives viz. , her husband and four children, who are the respondents herein, were brought on record in O. P. No. 46 of 1983 itself. THE respondents herein also sought for permission to sue as indigent persons. Leave was granted to them also to sue as indigent persons. THEreupon, O. P. No. 46 of 1983 was converted as O. S. No. 579 of 1984.

(3.) THE deceased plaintiff instead of resolving the dispute regarding the identity of the property on which she had put up the construction viz. , whether the construction was put up in the property leased out under Ex. A-1 or outside the said property, by getting the lands measured by the Revenue and Land Settlement officials, had filed the present suit (O. S. No. 579 of 1984) for the following reliefs: (a) To permit the plaintiffs to sue as indigent persons. (b) To declare that the plaintiffs are entitled to claim damages against the defendant at the rate of Rs. 10,000 per month till he recognises their leasehold right over the suit property and also withdraw all his objections made by him in person as well as through his advocate notice to the PIPDIC authorities. (c) To direct the defendant to pay a sum of Rs. 60,000 as damages for the period from 1. 1. 1983 to 30. 6. 1983. (d) To direct the defendant to pay the costs of the suit and such other orders as may be deemed fit.