S.M.ABDUL WAHAB
K. Nachimuthu – Appellant
Versus
A. Natarajan – Respondent
Defendant is the appellant in second appeal.
.2. The plaintiff filed the suit for injunction in respect of item No. 1 in ‘A’ schedule property and the properties covered by ‘B’ schedule and also prayed for possession with respect to item No.2 in ‘A’ schedule. According to the plaintiff, the properties were obtained by him by way of partition and by way of will executed by one of his brothers. After the suit for partition, the will was executed and pursuant to the will, he has taken possession of the properties allotted to him as well the property allotted to his brother, who executed the will in his favour. The defendant was permitted to live as a licensee under the plaintiff and also permitted to use the plaintiff’s tiled house and two huts in old S.No.90/2A for a short time till he find suitable accommodation in its place. Thereafter the defendant became a tenant under one Varadharajan, one of the other brothers. The plaintiff did not lease the tiled house to the defendant. He is a tenant with respect to the land belonging to the other brother Varadharajan. There is some misunderstanding between the plaintiff and the other brother Varadharajan. The defendant is neither
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