KANAGASABAPATHI Vs. P DHANASEKARAN

JUDGEMENT

(1.) The second appeal has been filed by the defendant in O.S.No.236 of 2004 on the file of the Additional District Munsif Court, Tuticorin.

(2.) O.S.No.236 of 2004 was originally filed as O.S.No.208 of 1999 on the file of the Subordinate Court, Tuticorin and subsequently was transferred to the file of the Additional District Munsif Court, Tuticorin and renumbered as O.S.No.236 of 2004. The suit had been filed by Ponnusamy against Kanagasabapathi, seeking a declaration that the plaintiff was a tenant in the suit property and to evict the defendant from the suit property and for payment of past mesne profits of Rs. 18,000/- and for future mesne profits. The suit property had been described as house bearing D.No.1, Keela Ranganathaperumal Street, Tuticorin Town. This suit, by judgment and decree, dated 29.11.2004, was partly decreed insofar as the declaration of tenancy and direction to evict the defendant was concerned but dismissed insofar as the claims for past and future mesne profits were concerned. The defendant then filed A.S.No.119 of 2005, which came up for consideration before the Subordinate Court, Tuticorin. The plaintiff, who was the respondent, died pending proceedings and his legal heirs were brought on record as respondents 2, 3 and 4. By judgment and decree dated 09.08.2011, the learned Subordinate Judge, Tuticorin, dismissed the appeal. Challenging that dismissal, the defendant had filed the present second appeal.

(3.) This second appeal had been admitted on the following substantial questions of law: