DEENADAYALAN Vs. INDIRANI

JUDGEMENT

(1.) This Appeal Suit is filed by the defendant in O.S. No. 64 of 2011, challenging the judgment and decree dtd. 31/7/2017 passed by the II Additional District Judge, Puducherry. By that judgment, the trial court decreed the suit filed by the respondent/plaintiff for declaration of title and recovery of possession, with costs, and directed the defendant to vacate and hand over possession of the suit property within one month.

(2.) For convenience, the parties are referred to as they were before the trial Court.

(3.) The plaintiff claims to be the absolute owner of the suit schedule property, having purchased it under a registered sale deed dtd. 26/8/2005, executed by the power agent, Clement Joseph Catchirayar, and registered as Document No.4489 of 2005 with the Sub-Registrar, Oulgaret. According to the plaintiff, the defendant was originally inducted as a tenant under the power agent of her vendor. Immediately after purchasing the property, the plaintiff informed the defendant of the purchase and called upon him to vacate and hand over possession, as she required the property for her own occupation. The defendant sought three months and assured that he would thereafter pay the rent directly to the plaintiff. However, he neither vacated the property nor paid any rent to her. It is further alleged that the defendant had been a chronic defaulter even before the plaintiff's purchase.