SAROJINI AMMAL Vs. PAPATHI AMMAL

JUDGEMENT

(1.) The legal representatives of the plaintiff in O.S.No.3 of 1996 are the appellants herein.

(2.) The Suit in O.S.No.3 of 1996 had been filed by T.S.Jayarama Naicker for recovery of possession of the suit property and for payment of mense profits at the rate of Rs 50/- per month from June 1983 till May 1986 and thereafter, till the date of vacating the property. The Suit was filed before the District Munsif Court, Chengalpattu and subsequently, transferred to the District Munsif-Cum- Judicial Magistrate, Thirukalikundram.

(3.) The plaintiff claimed that he is the owner of the suit property, which was a gramanatham residential house site. The first defendant has no right over the suit property. The first defendant executed a rental agreement on 17.03.1964 and was permitted to put up a residential hut. It was claimed that the first defendant was a bus conductor and he was not an agriculturist. It was understood that the first defendant would vacate the premises by removing the hut at the end of the lease period, which expired on 17.03.1966. Since the first defendant did not vacate the premises, a notice dated 07.10.1973 was issued. The first defendant sent a reply dated 16.10.1973, denying the title of the plaintiff.