THE HIGH COURT OF JUDICATURE AT MADRAS

Order reserved on : 06.11.2025 Judgment pronounced on : 09.01.2026

CORAM

THE HON'BLE MR. JUSTICE P.B.BALAJI

A.S.No.580 of 2022

and CMP. No.22209 of 2022

G.Muruganandam

..Appellant

Vs.

T.A.Danasekaran

..Respondent

Prayer: Appeal Suit filed under Section 96 and Order XLI, Rule 1 of CPC to set aside the Judgment and Decree dated 05.04.2022 passed in O.S. No.71 of

2018 by the II Additional District Judge, Ranipet.

For Appellant : Mr.P.G.Thiyagu

For Respondent : Mr.B.Vijay for

Mr.G.Mohammed Aseef

JUDGMENT

The unsuccessful defendant in a suit for recovery of possession is the

appellant, in this first appeal.

2. PLEADINGS:

2.1.PLAINT IN BRIEF:

The plaintiff is the owner of the suit property. The defendant is an unauthorized tenant who had taken the property for occupation on a temporary basis. The defendant has entered into a sale agreement based on fabricated documents. The defendant filed a suit for specific performance in O.S. No.26 of 2009 before the District Court, Vellore. The said suit was transferred to the Second Additional District Court, Ranipet, Vellore and renumbered as O.S. No.1 of 2011 and the defendant did not come forward to contest the suit and the sui