K NACHIMUTHU Vs. A NATARAJAN

JUDGEMENT

(1.) DEFENDANT is the appellant in second appeal.

(2.) THE plaintiff filed the suit for injunction in respect of item No. 1 in 'A' schedule property and the properties covered by 'B' schedule and also prayed for possession with respect to item No. 2 in 'A' schedule. According to the plaintiff, the properties were obtained by him by way of partition and by way of will executed by one of his brothers. After the suit for partition, the will was executed and pursuant to the will, he has taken possession of the properties allotted to him as well the property allotted to his brother, who executed the will in his favour. THE defendant was permitted to live as a licensee under the plaintiff and also permitted to use the plaintiff's tiled house and two huts in old S. No. 90/2a for a short time till he find suitable accommodation in its place. THEreafter the defendant became a tenant under one Varadharajan, one of the other brothers. THE plaintiff did not lease the tiled house to the defendant. He is a tenant with respect to the land belonging to the other brother Varadharajan. THEre is some misunderstanding between the plaintiff and the other brother varadharajan. THE defendant is neither a tenant of the land nor is entitled to any right under Kudieruppu Act. On the other hand, he is a lorry owner running a transport service in the name and style of K. N. K. Transport. On 22. 4 1978, the defendant dug a pit in front of the house, when objected, he attempted to trespass into the 'A' and 'B' schedule properties and harvested the crops. Hence, the suit has been filed.

(3.) THE lower appellate court has found that the defendant is not a cultivating tenant. It is also now represented that even though there was an order in favour of the defendant by the Tahsildar, declaring him as a cultivating tenant, subsequently the same has been set aside by the Revenue divisional Officer and the matter was remitted back to the Tahsildar for fresh disposal. THE matter is pending before the Tahsildar.