NAGARAJAN Vs. RAJAMANI AIYAR

JUDGEMENT

(1.) THE fifth defendant in O. S. No. 51 of 1994 on the file of the District Munsif, Nannilam, is the appellant in the second appeal. THE first defendant was the brother of the first respondent. THE first respondent filed the suit for recovery of possession and future profits against the first defendant. Pending suit he died and his wife and children were brought on record as defendants 2 to 10. THE second defendant, wife of the first defendant also died pending suit and defendants 3 to 10 were recorded as her legal representatives. Defendants 3 to 10 adopted the written statement of the first defendant in the suit. Only the fifth defendant effectively contested the suit.

(2.) THE case as set out in the plaint was as follows: THE suit property, a house property, was the ancestral property of the plaintiff and the first defendant. In a partition this was allotted to the plaintiff on 21. 2. 1956. He permitted the first defendant to live in the suit house from the year 1975 and his status was that of a permissive occupant. As the first defendant did not vacate the suit house in spite of written request made by the plaintiff, the suit was filed for the reliefs already stated. Originally the suit was filed before the District munsif s Court, Mayiladuthurai as O. S. No. 717 of 1987 and it was subsequently transferred to the file of the District Munsif s Court, Nannilam, and renumbered as O. S. No. 51 of 1994. THE plaint was presented on 19. 10. 1987.

(3.) NOTICE of motion was ordered on 29. 8. 1997. The contesting first respondent took notice through Counsel after filing caveat and the main second appeal itself was taken up by consent.