MANICKAM Vs. RAGINI SOLANKI & ANOTHER

JUDGEMENT

(1.) This second appeal has been tendered for admission under Order 41 Rule 11 of the Code of Civil Procedure along with the prayer for stay of the judgement passed by learned First Appellate Court whereby and whereunder the First Appellate Court has dismissed the appeal preferred against the judgement / decree passed by the learned Trial Court.

(2.) It would not be out of place to mention in brief the fact of this case.

(3.) Survey No. 2154/1 comprising an area of 962 Sq. Mtrs. situated at Aberdeen Bazar, Port Blair was recorded in the name of K.R. Ganesh, plaintiff/ respondent. The appellant/defendant Kunda Rao (since deceased) is the illegal occupant of 362 Sq. Mtrs. of land in Survey No. 2154/1 situated at Aberdeen Bazar, Port Blair which is the suit property as described in the schedule of the plaint. The plaintiff/respondent subsequently sold out 600 Sq. Mtrs. of land to one Adai Kalam out of the total land of 962 Sq. Mtrs. After the demise of K.R.Ganesh, the daughters were added as plaintiffs in the suit. The specific case of the plaintiffs/respondents is that the defendant Shri N.Moorthy was the domestic helper of the plaintiff for a long time and he was allowed to reside in a thatched hut in the Survey No. 2154/1 at Aberdeen Bazar, Port Blair. N. Moorthy used to get salary from K.R.Ganesh (since deceased).