POONGAVANAM Vs. D.ARUMUGA ACHARI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the judgment and decree dated 02.09.2010 in Ejectment Suit No.61 of 2007 on the file of III Judge, Small Causes Court, Chennai.

(2.) The first petitioner Poongavanam since deceased is the respondent and the respondent is the plaintiff in Ejectment Suit No.61 of 2007 on the file of III Judge, Small Causes Court, Chennai. The respondent filed the said suit for ejectment of the first petitioner deceased Poongavanam and for payment of Rs.1,000/- per month as land rent from November 2006. According to the respondent, the suit property originally belonged to his father Duraisamy Achari. After this death, the plaintiff, his brothers and sisters inherited the property as per registered Partition Document No.948/1949 dated 12.11.1949, the suit property was allotted to the respondent, his two elder brothers D.Natesa Achari and D.Thiagaraja Achari. D.Thiagaraja Achari was unmarried and left the family long before and for 22 years he has not returned home. D.Natesa Achari died five years prior to filing of the suit and his legalheirs are residing separately in different parts of Chennai. After the death of Natesa Achari, the respondent is maintaining the suit property. The first petitioner and her husband requested the respondent to permit them to stay in the suit property till the renovation of their property which is situated adjacent to the suit property. As per the permission given by the respondent, the first petitioner, deceased Poongavanam and her husband started residing in the suit property. The respondent, due to his work left Chennai and was working in Andhra Pradesh. The first petitioner deceased Poongavanam and her husband promised to handover the property to the respondent as and when he returns to Chennai from Andhra Pradesh. However, after his return, when the respondent came to Chennai and requested the first petitioner Poongavanam to handover the suit property, she refused to vacate and handover the possession of the suit property. A panchayat was held during November 2006. The deceased first petitioner Poongavanam did not pay any rent from November 2006 and the respondent issued a notice on 21.05.2007 to the first petitioner calling upon her to vacate and deliver the vacant possession of the suit property. The said notice was notice with postal endorsement ' information delivered ". In the said circumstances, the respondent filed the above ejectment suit.

(3.) The first petitioner deceased Poongavanam filed written statement and contended that the suit is hit by principles of resjudicata in view of earlier suit in O.S.No.801 of 1971 and A.S.No.320 of 1998 against O.S.No.1049 of 1984. Further, O.S.No.801 of 1971 was filed for partition by D.Thiagarajan, D.Natesan and D.Arumugham and the respondent. A preliminary decree was passed by order dated 20.12.21971 in I.A.No.13779 of 1981 declaring D.Thiagarajan has 1/3rd share in the said property. The said Thiagarajan filed I.A.No.22709 of 1976 to pass a final decree in terms of the said preliminary decree and to appoint an Advocate Commissioner to sell the suit property. The first petitioner deceased Poongavanam purchased the suit property for Rs.1,30,000/- in the public auction held on 13.11.1982 and sale was confirmed in her favour on 29.06.1983. Subsequently, by the deed of sale dated 14.07.2006, the first petitioner deceased Poongavanam sold the property to Vani and 3 others vide registered Doc.No.2049 of 2006 before Sub Regitrar, Royapuram and handed over the possession to them. There is no landlord / tenant relationship between the respondent and the first petitioner and therefore prayed for dismissal of the suit.