J. SHAHJAHAN Vs. M.H. MOHAMMED MUSTAFA

JUDGEMENT

(1.) This Second Appeal is directed against the concurrent findings of the Courts below, rejecting the plaintiff's suit for bare injunction restraining the respondents from interfering the alleged peaceful possession of the suit schedule property without resorting to due process of law.

(2.) The short point involved in this case is that, the appellant herein claims to be in enjoyment of the suit schedule property bearing Door No.741, later amended as Door No.741/A, Thiyagi Kumaran Market Corner, Rangey Gowder street, Coimbatore-1 and during the communal riot which took place in Coimbatore during the month of Feb. 1998, the shop was burnt and ransacked. Taking advantage of that incident, the landlord who is the respondent herein trying to dispossess the plaintiff.

(3.) The case of the plaintiff contested by the defendant on the grounds that, the plaintiff is not in occupation of Door No.741/A. It is accepted by the defendant that the plaintiff was a tenant under him for nearly 30 years. The premises let out to the plaintiff was burnt in the riot and thereafter, the building had been renovated by the defendant spending a huge sum and it is in possession of the defendant. There is a default in payment of rent and on the date of written statement, a sum of Rs.58,000.00 is due towards rent.