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Judgment
Srinivasan, J.—The plaintiff is the appellant. The suit is for recovery of possession and for arrears of rent plus damages for use and
occupation. The trial Court decreed the suit, while the Appellate Court reversed it and dismissed the same. In view of the fact that we are
remanding the matter to the trial Court, we do not want to express any opinion on the merits of the contentions. We would only state such facts as
are necessary for the purpose of making this order of remand.
The basis of the claim of the plaintiff is that the defendant entered into possession as a tenant under a rent deed dated 7.3.1974. According to
the plaintiff, the building in the suit property was the subject matter of the lease and the defendant has failed to pay the rent and also chosen to deny
the title. The defendant''s contention is that the property belongs to the Government and it was a '' Mayanam'' poramboke. It does not belong to
the plaintiff. According to the defendant, ''B'' Memos have been issued to the defendant and charges have been collected.
The trial Court held that the plaintiff was entitled to recover possession and granted a decree. On appeal apart from the documents already on
record, the defendant produced certain documents as additional evidence, which were marked in the course of the appeal and the Appellate Judge
held in favour of the defendant, holding that the property was a poramboke property.
The main contention before us is that the question of title ought not to have been gone into by the Courts below as the suit is based on a tenancy
agreement between the parties. Both sides have referred to authorities in support of their respective contentions. It is not necessary for us to deal
with them at length in this judgment. Suffice it to point out that in P.V. Chinniah Goundar Vs. P. Ponnusamy and Another, a learned Judge of this
Court has expressed the opinion that when the question of title is not decided between the landlord and the third party in whom the title is set up by
the tenant, the tenant is estopped from denying landlord''s title. We agree with the proposition laid down in that judgment and in this case the
question of title is pending decision between the Government on the one hand and the plaintiff on the other, in O.S.No. 360/92 of District Munsif''s
Court, Tiruchengode. In this suit when an attempt was made by the defendant to get the Government impleaded as a party, the Government
opposed it and the application was dismissed. Hence, the Government was not made a party to the suit Therefore, the question of title can be
rightly gone into as between the plaintiff in this case on the one hand and the State Government on the other in O.S.No. 360/92 which is admittedly
pending on the file of District Munsif''s Court, Tiruchengode.
In the circumstances, we are of the opinion that the interest of justice will be best served by trying both the suits together so that the question of
title can be satisfactorily decided and the question whether the plaintiff is entitled to recover possession from the defendant in this action can also be
decided. It may also be necessary to decide as to who constructed the building in the suit property. Consequently, we set aside the judgments of
the Courts below in A.S.No. 42 of 1990 Sub Court, Sankari and O.S.823/81 of District Munsif''s Court, Tiruchengode and remand the suit
O.S.823/81 for fresh disposal in accordance with law. The said suit shall be tried along with O.S.360/92 already pending on the file of the said
Court. It is open to the parties to adduce such other evidence as they desire. The Court shall decide all the questions, which are raised by the
parties. The appeal is allowed on the above terms. There will be no order as to costs. The appellant will be entitled to refund of Court Fees paid
on this appeal and the respondents 2 to 4 in this appeal shall be entitled to refund of Court Fees paid on the first appeal before the lower Court.
Both parties shall appear before the trial Court on 19th June 1995. Both the suits shall be disposed of by the District Munsif, Tiruchengode on or
before 31.12.1995 and a report must be sent to this Court.