KALAVATHY Vs. ARULMIGHU RAMANTHEESWARAR TEMPLE

JUDGEMENT

(1.) This second appeal has been filed by the defendant against the judgment and decree passed by the Sub-Court, Poonamallee in A.S.No.6 of 2011 dtd. 12/12/2002 confirming the judgment and decree passed by the Additional District Munsif, Poonamallee in O.S.No.148 of 2005 dtd. 29/11/2010.

(2.) The respondent herein had filed a suit in O.S.No.148 of 2005 on the file of the Additional District Munsif, Poonamallee, for recovery of arrears of rent of Rs.1260.00 and for mandatory injunction to direct the defendant to remove the multi-storied building which has been unauthorisedly constructed by her in the suit property. The learned Additional District Munsif, Poonamallee, by the Judgment dtd. 29/11/2010 had decreed the said suit directing the defendant to handover the suit property to the plaintiff. Aggrieved by the same, the defendant had filed an appeal in A.S.No.6 of 2011 on the file of the Sub-Judge, Poonamallee. The learned Sub-Judge, Poonamallee by the judgment dtd. 12/12/2012 had partly set aside the judgment and decree passed by the trial court and dismissed the suit in so far as the prayer (a) is concerned and inso far as the prayer (b) is concerned, she has granted mandatory injunction as prayed for. She granted three months time for removal of unauthorised construction. Feeling aggrieved, the defendant has filed the present second appeal.

(3.) For the sake of convenience, the parties are referred to as described before the trial court.