K THIYAGARAJAN Vs. THARUMAPURAM ATHEENAM

JUDGEMENT

(1.) THIS judgment shall govern these two appeals, namely S. A. Nos. 717 and 718 of 2006.

(2.) THESE two appeals have arisen in this way. The respondent filed O. S. No. 179 of 1998 for recovery of possession and the same was decreed by the trial court. An appeal was preferred by the defendant/appellant in A. S. No. 128 of 2004 and the same was dismissed. Aggrieved the defendant has brought forth S. A. No. 717 of 2006. The appellant herein filed O. S. No. 129 of 1998 for permanent injunction restraining the respondent/defendant from in any way interfering with the possession, except by due process of law. The suit was dismissed. Aggrieved the plaintiff took it on appeal in A. S. No. 127 of 2004, which was also dismissed. Hence, S. A. No. 718 of 2006 at the instance of the plaintiff, who is the appellant herein.

(3.) THE plaintiff in O. S. No. 129 of 1998 filed the suit with the following averments: the suit property is situated at Door Nos. 60 and 61 in R. S. No. 131/1 at Vaitheeswarankoil. It belongs to the defendant Devasthanam. There was an agreement entered into between the plaintiff and the defendant in the year 1986. On 24. 2. 1991, the defendant paid Rs. 501/- and also Rs. 3000/- as advance and received receipts and in respect of the balance of Rs. 1500/-, no receipt was given. The monthly rent was Rs. 500/ -. From December, 1989, it was raised to Rs. 1000/- The plaintiff, after obtaining approval from the Town Panchayat, Vaitheeswaran Koil, raised construction. Till April, 1998, the plaintiff was paying rental and he was also running a shop therein and was running a tea stall also. During the Car festival, he used to remove the peeda stall and hand over the same for the purpose of taking the Car. The defendant was threatening the plaintiff to remove the same. Under these circumstances, he gave a complaint to the police and also he has brought forth the suit for permanent injunction.