K SEKAR Vs. V DEVAKI

JUDGEMENT

(1.) THESE four applications were taken out for directing the applicant's son Dhanraj not to prevent the applicant from occupying the premises, directing the tenants in the properties in the hands of the respondent to pay rents to the applicant and directing the respondent to vacate the premises owned by the applicant and also for a further direction to the respondent to furnish accounts for the rent collected from the year 2000 till date.

(2.) THE applicant was the respondent in O.P.No,267 of 1998. THE original petition was filed by the respondent herein to appoint her as guardian of the minor children of the applicant S. Dhanaraj and S. Baby Rani. THE respondent is the maternal grand mother of the children. This Court after trial, appointed the respondent as guardian of the two minor children, who were respectively born on 12.5.1987 and 25.5.1989. THE applicant was disqualified from having the custody as he was a charge for murder of the mother of the minor children. This Court, by an order, dated 11.11.1998 gave the custody to the respondent with visiting rights to the applicant.

(3.) ON notice from this court, the respondent has filed a counter affidavit, denying the allegations. It was stated that his son Dhanraj is doing his B.Sc.(Maths) decree and he has also become a major and is occupying the premises on his own right. Therefore, the question of vacating the premises does not arise. In fact, it was the applicant who was giving trouble to the respondent and to his son. It was also stated that the applicant had agreed to receive Rs.3000/- p.m. and sine he had denied the same in his affidavit, has has suppressed a vital information. It was stated that the present applications taken out by the applicant are totally misconceived.