S GURURAJAN Vs. P M DURAISAMY

JUDGEMENT

(1.) THE defendants in O.S.No.329 of 1987 on the file of the II Additional District Munsif, Erode are the appellants. THE suit filed by the plaintiff was to restore possession of the suit property to him and also for recovery of Rs.5,100 towards the value of "the articles unauthorisedly removed by the defendants and for costs.

(2.) IN the body of the plaint, it is said that the defendants are the owners of the building in door No.19,Prakasam Street, Erode town. It is a lodging house consisting of several rooms and the plaintiff has taken room No.212 on a monthly rent of Rs. 120 and has been carrying on his banking business in that room. He was paying rent regularly.

(3.) ACCORDING to them, if it is a case of forcible dispossession, the suit ought to have been filed within a period of six months from the date of dispossession and the suit, was filed only after the expiry of six months. Therefore, the suit is liable to be dismissed at the threshold.