SEKAR Vs. B MURUGAVEL

JUDGEMENT

(1.) Aggrieved by the unanimous decisions of the Courts below, the defendant has preferred the above second appeal.

(2.) The suit is filed by the plaintiff seeking an order of eviction directing the defendant to vacate the suit property and hand over the same to the plaintiff. It is the specific case of the plaintiff that he is the owner of the property and the same being allotted to him by the Kurinjipadi Vizhapallam Singapuri Weavers Co-operative Society. The plaintiff had been in possession and enjoyment of the property, when the sale deed was executed in his favour on 30.12004. The defendant, who is the brother-in-law of the plaintiff, requested the plaintiff to let out the property. Considering the relationship, the property was let out to the defendant on a monthly rent of Rs.500/-. The defendant also had been paying the property tax, water charges for the property on his behalf. While so, the defendant stopped paying the rent and defaulted. Hence, the plaintiff wanted to evict the defendant from the premises and filed the suit.

(3.) The suit was resisted by the defendant stating that he had extended his financial help by giving the sale consideration to the plaintiff. As the defendant had been paying the water tax and property tax, he hold the property as that of his own. Hence, the plaintiff is not entitled to the said claim.