K LAKSHMIAMMAL Vs. M P NAVEEN KUMAR

JUDGEMENT

(1.) THE Second Appeal arises out of concurrent findings of Courts below decreeing respondents-/plaintiffs- ejectment suit and also granting permanent injunction restraining first defendant from putting up any unauthorized construction. Unsuccessful first defendant is the Appellant. For convenience parties are referred in their original rank in the suit.

(2.) CIVIL Revision Petition is directed against the order in I.A.No.16791 of 1999 dismissing the petition filed under Section 9 of the City Tenants Protection Act which was confirmed in C.M.A.No.38/2006. Unsuccessful first defendant has filed this Revision Petition.

(3.) FURTHER case of the Plaintiffs is that Madhavan Nair, husband of first defendant became tenant in the suit property on a monthly rent of Rs.75/- in respect of asbestos roof shed under the said Vummidi Padmavathi Ammal. The said Madhavan Nair had been paying rent till his life time. After his death first defendant did not pay the rent and has not attorned the tenancy. First defendant has no right to put up any construction in the property belonging to Plaintiffs. In 1988, second defendant Corporation issued notices under Sections 256(1) and 256(3) of Madras City Municipal Corporation Act, calling upon the second Plaintiff to remove the unauthorized construction. Plaintiffs informed the officials that they have not put up any construction and that only first defendant is only attempting to put up unauthorized construction without planning permission. The second defendant Corporation did not initiate any proceedings for such illegal construction. Alleging that the first respondent has neither paid rent from January 1985 nor attorned the tenancy right with the Plaintiffs, the Plaintiffs filed suit for recovery of possession and also damages for three years at Rs.36,000/- (at the rate of Rs.1,000/- per month).