R HEMALATHA Vs. K MAHENDRAN

JUDGEMENT

(1.) The appellant herein is the defendant and the respondent herein is the plaintiff in the civil suit filed in O.S.No.2322 of 2013 on the file of the VIII Assistant City Civil Court, Chennai.

(2.) The respondent/plaintiff filed the suit in O.S.No.2322 of 2013 to direct the defendant to vacate and deliver vacant possession of the rear car shed portion, vacant land adjoining the car shed and one room in the first floor of the property situated at No.10, Pillaiyar Kovil Street, Velachery, Chennai-600042, more particularly described in the suit to the plaintiff and for a direction to pay a sum of Rs.25,000/- per month to the plaintiff towards damages for use and occupation of the above said areas, till the defendant vacates and delivers vacant possession to the plaintiff. The relief of permanent injunction was also made before the Trial Court.

(3.) After hearing both the parties, the Trial Court held that the plaintiff is entitled for recovery of possession as prayed for, and for other reliefs, the suit was dismissed, by order dated 05.08.2016. Challenging the same, an appeal was filed in A.S.No.142 of 2017 by the defendant. The Lower Appellate Court dismissed the appeal, by judgment dated 31.01.2018. Challenging the said judgment, the present Second Appeal has been filed by the appellant/defendant.