BENZIGER FOUNDATIONPVT LTD Vs. V GANESAN

JUDGEMENT

(1.) In this Second Appeal, challenge is made to the judgment and decree dated 4.2.2003 passed in AS.No.29/2001 on the file of the Additional District Judge, Fast Track Court III, Chennai confirming the judgment and decree dated 5.11.1998 passed in OS.No.5194/1995 on the file of the II Assistant Judge, City Civil Court, Chennai.

(2.) The second appeal has been admitted on the following substantial questions of law.

(3.) The defendants 4 to 6 in OS.No.5194/1995 are the appellants in this second appeal. The respondents 1 to 4 in the second appeal had laid the abovesaid suit against the defendants for the reliefs of declaration and possession, contending that they are the owners of the suit property and had entered into an agreement with the first defendant to construct a building consisting of basement, ground floor and first floor and accordingly the first defendant had constructed the superstructure and it is the case of the plaintiffs that the fourth defendant had purchased the front portion in the first floor from the plaintiffs for which, a registered sale deed dated 206.1994 has been executed in favour of the fourth defendant in respect of the undivided share of the land and the first defendant had accordingly handed over the possession to the fourth defendant of the area concerned and according to the plaintiffs, the defendants 4 to 6 i.e., the appellants had unauthorizedly and illegally occupied the rear portion of the first floor premises of the suit building without any authority or entitlement and accordingly as they had refused to hand over the possession of the same, despite the exchange of notices between the parties, according to the plaintiffs, they had been necessitated to lay the suit for appropriate reliefs.