MALAR ALAGAN Vs. VELUSAMY AND OTHERS

JUDGEMENT

(1.) The unsuccessful plaintiff, being aggrieved by the unanimous decisions of the Courts below, has preferred the above Second Appeal.

(2.) The suit was filed by the plaintiff seeking a decree for permanent injunction against the respondents from unlawfully evicting the appellant from the suit property. The appellant is a tenant in respect of two rooms in the first floor of the building known as 'S.V. Complex' bearing Door No.16-A in T.S.No.115, situated at No.2, Mayiladurai since 2008. It is stated that later, the appellant also became a tenant with respect to the ground floor portion of the same building bearing Door Nos. 17/1 and 17/2 for interest free advance of Rs. 2 lakhs, apart from payment of lease on monthly basis. It is stated that the respondents herein demanded revision of rents double the existing rents. While the plaintiff was pleading for a reasonable revision, as the respondents threatened to evict the appellant by force, the suit was filed by the plaintiff/tenant for permanent injunction restraining the respondents/defendants from interfering with the peaceful possession of the suit property unless by due process of law.

(3.) The suit was resisted by the defendants by filing the written statement together with the counter claim seeking a decree for mandatory injunction directing the appellant herein to remove his articles from the ground floor portion and deliver vacant possession of the suit property.