LAWS(MAD)-2009-11-7

KAMALAMMAL Vs. GIRIJA

Decided On November 13, 2009
KAMALAMMAL (DEAD) Appellant
V/S
GIRIJA Respondents

JUDGEMENT

(1.) 1. The following are the allegations contained in the plaint in O.S. No. 6687 of 1996:

(2.) In the written statement filed by the first defendant, namely, P. Vidyuthavalli Thayar, the following allegations are found:

(3.) The allegations in terse in the additional written statement filed by the first defendant are thus: In 1958, a watchman engaged by the defendant died and one vagrant by name Subramanya Choudary who come to Madras to eke his livelihood by employing himself in menial roles in the films, was in occupation of her store shed and he got into it with two others by name Chinnayya who was a scavenger in the Madras Corporation and Another person Ranganathan who was driver of a refuse collecting lorry of Madras Corporation. After the decree was passed in O.S. No. 968 of 1958, as many as 10 execution petitions were filed right from 1960 to 1971 for execution of the decree. It is false and misleading to state that this defendant who is the owner of the suit property dispossessed the plaintiffs. The plaintiffs are mere trespassers. This defendant has filed a comprehensive suit in C.S. No. 201 of 1993. The executability of the decree in O.S. No. 968 of 1958 is not curtailed by any law.