PREETHA – Appellant
Versus
DAMODHARAN PUTHIYAVEEDU – Respondent
The trial court decreed the suit. It directed the defendants to
surrender possession of the house in the plaint schedule property to
the plaintiff. The second defendant filed appeal and it met dismissal.
Hence is she in second appeal.
2.
The case of the plaintiff goes as under: The suit property
belonged to the first defendant. He sold it to the plaintiff under Ext A2
sale deed. Accepting the request of the first defendant, he was
permitted by the plaintiff to reside in the house in the suit property for
three months. The second defendant is the wife of the first defendant.
They continue to stay in the house despite the demand of the plaintiff
to vacate it.
3.
The first defendant filed written-statement admitting
execution of Ext A2 sale deed by him in favour of the plaintiff. The
former in his written-statement requested for a period of one year to
surrender the house to the plaintiff.
4.
The second defendant contested the suit. She has the
following contentions: She being the wife of the first defendant is
entitled to reside in the house situated in the plaint schedule property.
Ext A2 is a sham document executed by the first defendant in collusion
with the plainti
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