The main legal point established in the judgment is that relief in property disputes can be granted based on the possession of the parties, and the court may follow the guidelines laid down by the Hon’ble Supreme Court to determine the entitlement to relief.

JUDGMENT

(Prayer: Appeal filed under Order 41 Rules 1 & 2 CPC and Section 96 of CPC, against the Judgment and Decree dated 28.07.2017 passed in O.S.No. 12564 of 2010 (C.S.No. 349 of 2000) on the file of the XVI Additional Judge, City Civil Court, Madras, declaring that the plaintiffs/appellants are the absolute owners of the property for 679 sq.ft., instead of suit property measuring 1 ground and 22 sq.ft., refusing to direct the defendants to vacate and surrender vacant possession of 1600 sq.ft., trespassed by the defendants/respondents and to pay damages to the plaintiff.

Appeal filed under Order 41 Rules 1 & 2 CPC and Section 96 of CPC, against the part of the Judgment and Decree dated 28.07.2017 passed in O.S.No. 12862 of 2010 (C.S.No. 876 of 2004) O.S.No. 4829/1995 on the file of the XVI Additional Judge, City Civil Court, Madras, holding that the plaintiffs/respondents are entitled for permanent injunction with respect to 1600 sq.ft.,)

Common Order

1. The plaintiffs in O.S.No. 12564 of 2010 on the file of the XVI Additional City Civil Court, Chennai, which suit had been originally filed as C.S.No. 349 of 2000 before the Original Side of the Madras High Court are the appellants in A.S.No. 629 of 2018.

2. They are the defendants in O.S.No. 12862 of 2010 also on the file of the XVI Additional City Civil Court, Chennai, and owing to the suit being decreed, they had filed A.S.No. 630 of 2018.

3. The respondents in both the appeal suits, are the defendants in O.S.No. 12564 of 2010 and the plaintiffs in O.S.No. 12862 of 2010.

4. Joint trial was conducted by the XVI Additional City Civil Court, Chennai, in both O.S.No. 12564 of 2010 and O.S.No. 12862 of 2010. By a common Judgment and Decree dated 28.07.2017, O.S.No. 12564 of 2010 was partly decreed and O.S.No. 12862 of 2010 was decreed.

5. O.S.No. 12564 of 2010 / C.S.No. 349 of 2000 had been filed by the plaintiffs therein / appellants in A.S.No. 629 of 2018, seeking a Judgment and Decree, declaring that they are the absolute owners of ‘A’ schedule property given in the plaint and for a declaration that the defendants are tresspassers of ‘B’ schedule property in the plaint and for a direction against the defendants to handover vacant possession of the ‘B’ schedule property and for damages at the rate of Rs.2,000/- per month for unauthorised occupation of ‘B’ schedule property and for costs.

6. The ‘A’ schedule property in the plaint was land and building measuring 1 ground and 22 sq.ft., namely, 2422 sq.ft., at Door No. 56, Ellaiamman Koil Street, previous Door No. 15 /2 Gandhi Street, Chennai –600 033 and the ‘B’ schedule property was a part of ‘A’ schedule property measuring 1600 sq.ft., in Old Door No. 34, Gandhi Street, Chennai –600 033.

7. O.S.No. 12862 of 2010 had been filed by the respondents in both the appeals, seeking a Judgment and Decree for permanent injunction from interfering with their peaceful possession of property at Gandhi Street, Door No. 34, Chennai –600 033 measuring 53’ x 43’ or 2279 sq.ft.

8. The learned Trial Judge by a common Judgment had partly decreed O.S.No. 12564 of 2010 granting declaration of title to 679 sq.ft., alone and had dismissed the suit with respect to the declaration that the defendants are to be declared as tresspassers with respect to ‘B’ schedule property and therefore to handover vacant possession.

9. With respect to O.S.No. 12862 of 2010, the learned Trial Judge had decreed the suit for permanent injunction with respect to 1600 sq.ft.

10. Questioning the Judgment and Decree in both the suits, the Appeals have been filed. No appeal has been filed by the defendants in O.S.No. 12564 of 2010.

O.S.No. 12564 of 2010:

11. The plaintiffs claimed that the father of the first plaintiff M.Thambiran Naicker was holding land measuring 1 ground and 22 sq.ft., in Door No. 15/2, Gandhi Street, West Mambalam Village, Chennai -33, as owner from 1948 till his death on 14.03.1968. The plaintiffs are his legal representatives. There were settlement proceedings before