VASUNDHARA Vs. M.DHANALAKSHMI

JUDGEMENT

(1.) Plaint filed under Order IV Rule 1 CPC read with Section 26 CPC praying for a judgment

(2.) One Kalyani Iyer was the sole and absolute owner of the suit property, which is a land and building in T.Nagar, Chennai. She had mortgaged the same with M/s.Park Town Benefit Fund Limited. As there was a default in payment of the mortgage debt, the property was brought in public auction through M/s.Vamana Auctioneers on 28.03.2002. The plaintiff was declared as the highest bidder in the auction which was for Rs.45 Lakhs. Accordingly, the said amount was deposited by the plaintiff and got a sale deed executed in her favour which was registered on 16.05.2002, thereby becoming the sole and absolute owner of the suit property. Even prior to the purchase of the said property, the plaintiff has been in possession of a portion of the suit property, by running a business therein, as she was the daughter -in -law of the owner Kalyani Iyer.

(3.) It is stated that on 16.05.2002, the defendant entered into a portion of the suit property, which is described in Schedule "B". Therefore, a notice was issued to her on 20.07.2002 asking her to vacate the premises. The occupation of the defendant in the B Schedule property is without any right or title as she is not paying any rent. Hence, she is only a rank trespasser. Hence, the suit has been filed for eviction of the defendant from B Schedule property and deliver vacant possession of the same to the plaintiff and for permanent injunction and for damages for use and occupation.