Nadarajamoorthy Vs. Palanimuthu Dharmaseelan et al – CA 662/97-2018

In the case between M. Nadarajamoorthy (Plaintiff-Appellant) and, inter alia, Saroja Dharmaseelan, Dharmaseelan Puvi Alahan (Defendants-Respondents), the main issue addressed concerned whether the Plaintiff-Appellant was a lawful tenant of the disputed premises, thereby entitling him to a declaration of tenancy, ejectment of the defendants, recovery of possession, and damages. It was held that the Plaintiff-Appellant failed to prove tenant status and could not reconstitute the proceedings as a possessory action after initially grounding the case in tenancy. The principle was reaffirmed that the plaintiff bears the burden of proving tenancy or title and that the proper constitution of parties, including the owner, is essential. The decision relied on relevant precedents, including Hariette