K SUBBA RAO Vs. NANJAPPA GOUNDER

JUDGEMENT

(1.) THE plaintiff in O. S. No. 80 of 1987, District Munsif's court, Sathiamangalam (O. S. No. 552 of 1980 (District Munsif court, gobichettipalayam) is the petitioner in this Civil Revision petition directed against the orders of the Courts below holding that the civil Court has no jurisdiction to entertain the suit instituted by the petitioner.

(2.) IN the course of the plaint in O. S. No. 80 of 1987, the petitioner obtained that the respondent herein is a tenant of his with reference to a field called Palayakalaianoor Boothi Thottam and that he is not a tenant of the filed in R. S. F. 219/2. With reference to the two sheds bearing door Nos. 28 and 29, situated in R. S. F. 219/2, the petitioner came forward with the case that the respondent requested the petitioner to permit him to occupy the sheds and that was accepted to and the occupation of the sheds by the respondent was permissive. The further case of the petitioner was that the sheds had become dilapidated and required repairs and reconstruction and when the respondent was asked to vacate in order to enable the petitioner to carry out the repairs, he not only declined to do so, but attempted to reconstruct the sheds at his own expense and with that view, had also gathered materials near the sheds. It was under these circumstances, that the petitioner instituted the suit seeking to recover possession of the sheds bearing door nos. 28 and 29 from the respondent and for their incidential reliefs.