KANNAN DIED LRS Vs. FATHIMA BEEVI

JUDGEMENT

(1.) CHALLENGE in these appeals are to the concurrent judgments passed in O.S.No.241 of 1987 and in C.T.O.P.No.1 of 1990, and in A.S.No.94 of 2000 and in A.S.No.4 of 2005 by the Second Additional District Munsif Court, Kumbakonam and by the Additional Subordinate Court, Kumbakonam, respectively.

(2.) THE respondent herein as the plaintiff has instituted the original Suit No.241 of 1987 on the file of the Second Additional District Munsif Court, Kumbakonam, for the relief of the recovery of possession, wherein the husband of the first appellant has been shown as the sole defendant.

(3.) IT is contended on the side of the defendant that the plaint 'A' and 'B' schedule properties are totally different and the same cannot be combined in a single suit. The defendant is the owner of the superstructure, which situates in both 'A' and 'B' schedule properties. The father of the plaintiff has fraudulently obtained the property tax in the name of the plaintiff. Since the entire superstructure belongs to the defendant, the defendant is entitled to get the benefits under Section 9 of the City Tenants Protection Act, 1960 and therefore, the present suit deserves dismissal.