P GNANASOUNDARI Vs. SRINIVASAMURTHY MANDIRAM

JUDGEMENT

(1.) This Civil Revision Petition is filed against the judgment and decree dated 12.03.2014 made in C.M.A.No.55 of 2013 on the file of XVII Additional Judge, City Civil Court, Chennai confirming the fair and decreetal order dated 11.03.2013 made in I.A.No.8998 of 2007 in O.S.No.9218 of 1995 on the file of V Asst. Judge, City Civil Court, Chennai.

(2.) The petitioner is tenant in O.S.No.9218 of 1995 on the file of V Asst. Judge, City Civil Court, Chennai and appellant in CMA No.108 of 2008 on the file of Additional District & Sessions Judge, Fast Track Court No.IV, Chennai. The respondent is the landlord on the file of V Asst. Judge, City Civil Court, Chennai and respondent in CMA No.108 of 2008 on the file of Additional District & Sessions Judge, Fast Track Court No.IV, Chennai. Originally the respondent filed the said suit against the petitioner before this Court in C.S.No.384 of 1995 for a declaration that the petitioner and two others are trespassers; directing the petitioner and two others to pay damages for wrongful use and occupation at Rs.6,000/- per year for the last three years ; directing the petitioner and two others to deliver vacant possession to the respondent and directing the petitioner and two others to pay means and profits at Rs.50/- per month.

(3.) Before the learned Judge, the petitioner examined herself as PW1 and marked twenty four documents as Exs.P1 to P24. On the side of the respondent, no one was examined. Ten documents were marked as Exs.R1 to R10. The learned Judge, considering the materials on record, averments in the affidavit and counter affidavit, dismissed the application.