C V KANNAPPAN Vs. S L SRIKANDHAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by plaintiffs 1 to 3 and legal heirs of 4th plaintiff in O.S. 1076 of 1980, on the file of III Additional Sub Judge, Coimbatore. The suit filed by them was one for recovery of possession from the respondent.

(2.) RESPONDENT claimed the benefit of Tamil Nadu City Tenants Protection Act and the same was allowed. Thereafter the area necessary for convenient enjoyment of the respondent was directed to be determined, and thereafter the market value was also decided by the impugned order. Plaintiffs are aggrieved by the determination of the market value.

(3.) LEARNED Senior Counsel for the respondent submitted that no other evidence has been let in either by the plaintiffs or by any person on their behalf, and if at all any evidence has been let in, it is only by them. LEARNED senior counsel wanted to take into account Ex. A-5 where the centage value is only Rs. 27,053/-. LEARNED counsel submitted that P.W. 1 had been examined to prove Ex. A-5. Even if we ignore all other documents, Ex. A-5 will have to be accepted in fixing the value. The lower Court has awarded a little more amount. It was further contended that even though various sale deeds have been produced before the Commissioner, except the documents that were proved through the evidence of P.W. 2, the other documents have hot been proved, in accordance with law and, therefore, they should not have been taken into consideration.