TMT. KASTHURI RADHAKRISHNAN & ORS. Vs. M. CHINNIYAN & ANR.
LAWS(SC)-2016-1-67
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on January 28,2016

Tmt. Kasthuri Radhakrishnan And Ors. Appellant
VERSUS
M. Chinniyan And Anr. Respondents

JUDGEMENT

- (1.) This appeal is filed by the plaintiffs against the final judgment and order dated 11.07.2007 passed by the High Court of Judicature at Madras in Civil Revision Petition No. 337 of 2002 whereby the High Court allowed the revision petition filed by respondent No.1 herein and set aside the judgment dated 28.06.2001 of the Principal Subordinate Judge, Erode in R.C.A. No. 5 of 2001 and order of eviction dated 31.10.2000 passed by the Rent Controller (I Addl. District Munsif), Erode in RCOP No. 26 of 1998.
(2.) In order to appreciate the issue involved in this appeal, it is necessary to set out in brief the relevant facts in relation to eviction case out of which this appeal arises and also state the facts of three cases filed by the parties in respect of the suit premises because they were referred to in the proceedings out of which this appeal arises.
(3.) The appellants (plaintiffs) are the wife and sons of one A. Radhakrishnan. The suit premises bearing Door No. S-3, Periyar Nagar Housing Unit, Erode Town, comprised in T.S. No. 909/3, Block No. 17 and 598/2 Part, Ward 1, Block 20, Surampatti Village, Erode Taluk, Erode sub- District, Erode Registration District was allotted to A. Radhakrishan by Tamil Nadu Housing Board. In fact, entire area was acquired by the Housing Board and one house site therein was allotted to A. Radhakrishnan. Subsequently, A. Radhakrishnan made construction on the site allotted to him.;


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