CHHAGANLAL JAIN Vs. T K HAMID SULTAN

JUDGEMENT

(1.) THIS revision is filed by the defendant in O.S. No. 3877 of 1987, on the file of V Assistant City Civil Court, Madras.

(2.) THE respondent herein filed a suit for mandatory injunction directing the petitioner to remove all the new constructions put up in the suit property described in the schedule and to restore the same to its original condition by replacing all the fittings removed by him from the suit property, for permanent prohibitory injunction restraining the defendant, his men and agents from proceeding with the construction or altering the superstrcutre or additions to the suit property and further to direct the defendant to pay damages of Rs. 19,000/- caused by him together with interest at 12% p.a., from the date of plaint till date of payment, and for costs.

(3.) I do not find any merit in the revision. It cannot be said that the lower Court has acted illegally in passing the impugned order. Learned counsel for the petitioner submitted that the averments made in the plaint can at the most be a ground for eviction and therefore, the Rent Control Act alone has to be taken into consideration, and the Civil Suit cannot be maintained. I do not think that the said submission is based on any legal foundation.