AMBIKAPATHI AMMAL Vs. KANDASWAMY KOIL

JUDGEMENT

(1.) THESE three appeals seek to challenge the common order of the High Court of Judicature at Madras dated 29th January, 2007 passed in Second Appeal Nos. 543 to 545 of 1994 by which the decree of the dismissal of the suits filed by the plaintiff has been reversed by the High Court.

(2.) WE have heard the learned counsels for the parties.

(3.) THE common case of the plaintiff as pleaded in the suits filed is that the plaintiff is the owner of the suit properties by virtue of Patta No.1 granted to it and that the defendants are either lessees under the plaintiff or sub -lessees/sub -assignees under the lessees of the plaintiff. According to the plaintiff, the defendants had stopped rendering service to the temple and had also not paid the rent due. Instead they had set up title to the suit properties. The leases were accordingly terminated by issuing notices under Section 106 of the Transfer of Property Act. Thereafter, the suits for declaration of title and recovery of possession were instituted.