LAWS(MAD)-2006-2-230

INDRA SEN Vs. RAJAMMA

Decided On February 14, 2006
INDRA SEN (DECEASED) Appellant
V/S
RAJAMMA Respondents

JUDGEMENT

(1.) THE Plaint averments in O.S.No.1557/85 are as follows:-

(2.) THE first defendant in his written statement contended that he is one of the leading horticulturists growing plants, trees etc., and landscape and garden architects. He is the lessee of piece of land at Urur Village in Plot No.122, in T.S.No.36, Block No.6, Adyar, Madras-20 to an extent of 1 ground and 11 sq.ft., under the second defendant. This defendant is paying the land rent for the entire piece of land. This defendant is also having his own lands adjacent to the suit land and having his nursery there. Since he is maintaining the garden and nursery in he suit land he appointed the husband of the first plaintiff as watchmen shed inside the suit land. After the death of the plaintiff's husband, the first plaintiff continued to look after the garden in a permissible occupation.

(3.) THE Trial Court clubbed all the three suits together and by a joint trial and common judgment decreed the suit O.S.No.6523 of 1982 filed by the first defendant for recovery of possession. THE plaintiff's appeal in A.S.No.158 of 1991 was allowed. Hence the Second Appeal No.913/94 by the first defendant. O.S.No.1557/85 filed by the plaintiff for declaration and permanent injunction was dismissed. THE appeal in A.S.No.157/91 filed was also dismissed. Against which S.A.No.905/94 has been filed by the plaintiff. THE suit O.S.No.2559/85 filed by the first defendant for permanent injunction was decreed, against which the plaintiff filed an appeal in A.S.No.158/91 and the same was dismissed. Aggrieved by the same, she has preferred S.A.No.871 of 1994.