R RAJESWARI Vs. SABAPATHY

JUDGEMENT

(1.) BEING aggrieved by the concurrent Judgments of the Courts below, dismissing the plaintiff suit O.S.No.445/1976, unsuccessful plaintiffs have preferred this second appeal.

(2.) THE first plaintiff Rajeswari, Defendant - Sabapathy and one Sivapunniyam, Vaithilingam are the daughter and sons of Thirupurammal @ Samburnam (PW-2) and Ramalingam. Plaintiffs 2 and 3 are the sons of Vaithilingam. THE suit property (green marked portion in the suit plaint) is one room, west to main entrance in the House No.142 Ambalathadayarmadam Street, Pondicherry. THE said entire house measuring 29' x 60' was purchased by notarial Sale Deed dated 06.11.1943 (Ex.A-3) by Thiruburammal @ Samburnam. THE property was settled by Thiruburammal in favour of the first plaintiff Rajeswari by registered Settlement Deed Ex.A-5 dated 28.06.1975. By Settlement Deed Ex.A-9, dated 10.7.1975, first plaintiff Rajeswari settled in favour of her minor nephews Ramalingam and Gajapathy (plaintiffs 2 and 3), a portion of 15' x 60' in the said house.

(3.) ON the above pleadings, four issues were framed by the trial Court. Upon consideration of oral and documentary evidence, the trial Court held that the relationship between the plaintiff and the Defendant is something more than landlord and Tenant and the question of right of Defendant in the suit property cannot be gone into in the suit. ON the second issue, the trial Court has held that the trespass by the Defendant has not been proved. Therefore, the question of the plaintiff getting vacant possession of the suit property from the Defendant and getting mesne profit does not arise and on those findings, dismissed the suit.