M SIVALINGAM Vs. S GHOUSE MOHIDEEN

JUDGEMENT

(1.) (Civil revision petition filed under Article 227 of the Constitution of India against the order and decreetal order of the learned Subordinate Judge, Vellore dated 16.09.2008 made in I.A.No,23 of 2006 in O.S.No.13 of 2006.) Inveighing the order dated 16.09.2008, passed by the learned Subordinate Judge, Vellore in I.A.No,23 of 2006 in O.S.No.13 of 2006, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) NO doubt, during the pendency of the suit, if construction is ordered to be stopped, certainly the defendant would not be benefited. But, I could see that at one point of time, the very same defendant admitted his status as that of a tenant under the plaintiff. However, subsequently he disputed the landlord and tenant relationship. There is a remark by this Court in the order dated 03.03.2008 in W.P.NO,24622 of 2003 to the effect that the Court also shall consider about the title dispute which emerged between the petitioner and the defendant. Taking into consideration the fact that at one point of time the petitioner/defendant admitted the tenancy, but subsequently he turned turtle and disputed the title of the plaintiff over the suit property, am of the considered view that he should not be allowed to continue with the construction by way of changing the status quo.