K. SAKTHIVEL Vs. L. BALACHANDAR

JUDGEMENT

(1.) This Second Appeal has been filed to set aside the judgment and decree dated 03.10.2017 made in A.S.No.34 of 2011 on the file of the IV Additional City Civil Court, Chennai, reversing the judgment and decree dated 02.09.2010 made in O.S.No.6974 of 2007 on the file of the VIII Assistant City Civil Court, Chennai.

(2.) The appellant is the plaintiff and respondent is the defendant in O.S.No.6974 of 2007 on the file of the VIII Assistant City Civil Court, Chennai. The appellant filed the said suit for permanent injunction restraining the respondent from interfering with his peaceful possession and enjoyment of the suit shops and directing the respondent to pay a sum of Rs. 1,00,527/- to the appellant towards loss suffered by him together with interest and also to direct the respondent to pay a sum of Rs. 50,000/- towards damages for causing hardship and mental agony to the appellant.

(3.) According to the appellant, he is in occupation of three shops described in the plaint schedule and is running provision stores. During 13.06.2007 to 19.06.2007, he closed his shops and went to Tirupathi Temple. When he came back, he saw that the roof of his shops were damaged and things inside the shops were also damaged. On enquiry, he came to know that the respondent under the influence of alcohol, claimed over the roof and damaged the shop by making holes in several places. Due to rain during that time, the provisions kept in the shop got damaged. The appellant also stated that earlier, father of the respondent filed O.S.No.10832 of 1988 on the file of the VI Assistant City Civil Court, Chennai for declaration of title in respect of the suit shops against the respondent. After the death of his father, the respondent and his sisters prosecuted the above suit and the same was decreed.