D SIVAKUMAR Vs. PIYARI

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.15 of 2014 on the file of the Subordinate Court, Tiruvallur remanding the matter to the District Munsif Court, Tiruvallur, the plaintiff in O.S.No.266 of 2008 on the file of the District Munsif Court, Tiruvallur, has filed the above Appeal.

(2.) The plaintiff filed the suit in O.S.No.266 of 2008 for recovery of possession and for past and future damages.

(3.) According to the plaintiff, he is the owner of the suit properties having purchased the same from the defendants under a registered Sale Deed dated 06.12.2007 executed by the defendants' Power Agent. Further according to the plaintiff, the defendants received the full Sale Consideration and vacated the premises and delivered possession to him. The plaintiff leased the 'A' Schedule property to the tenants and is receiving the rents. According to the plaintiff, the defendants requested the plaintiff to permit them to reside in the First Floor (i.e.) in the 'B' Schedule for two months, free of rent and executed a written Agreement dated 13.01.2008 to vacate the 'B' Schedule property. Since the defendants had not vacated the premises on 13.03.2008, the plaintiff has filed the suit for recovery of possession and for damages from 14.03.2008. Further according to the plaintiff, under Section 43 of the Tamil Nadu Court Fees and Suits Valuation Act, the rent includes rent or damages for use and occupation. The defendants filed their written statement and contested the suit.