A SULAIKHA BEEVI Vs. K C MATHEW

JUDGEMENT

(1.) Plaintiff is the appellant. Suit was filed for eviction of the defendants from the plaint schedule building and appurtenant ground and putting the plaintiff in possession thereof and for recovering an amount of Rs. 6,300/- with interest at 12% and for other reliefs.

(2.) Plaintiff is the daughter of late Janab Mohammed Sahib, Malika Veedu, Attakulangara, Thiruvananthapuram. According to the plaintiff, the first defendant, K. C. Mathew executed a rent deed on 1.1.1062 agreeing to take the building and the appurtenant ground as described in the plaint schedule on rent on the terms and conditions incorporated therein. As per the provisions of the rent deed, the first defendant was bound to pay a rent of Rs. 120/- per mensem upto 30.4.1962, Rs. 125/- per mensem till 30.4.1963, Rs. 130/- per mensem till 30.4.1964, Rs. 135/- per mensem till 30.4.1965 and Rs. 140/- per mensem till 30.4.1966. He had agreed that on the expiry of the terms on 30.4.1966, he will surrender the building and the appurtenant ground.

(3.) On the expiry of the period limited in the rent deed, the first defendant continued his possession of the building and appurtenant ground with the assent of the lessor, viz., the late Janab Mohammed Sahib, thereby giving rise to a renewal of the lease from month to month from May, 1966 the plaintiff's father and the first defendant agreed to have the rent fixed at Rs. 175/- per mensem and thereafter, the first defendant was paying the rent at that rate. The plaintiff's father died on 20th July, 1974. There was a suit for partition, as O. S. No. 177 of 1973 filed by the legal heirs of Janab Mohammed Sahib. As per the decree in that suit, the plaintiff was given absolute right over the plaint schedule property. After the decree, the plaintiff has been demanding the defendants to pay the rent to her from 1.5.1974. The rent for May, 1974 was payable before 10th June, 1974. The rent from 1.5.1974 at the rate of Rs. 175/- per mensem and interest due were recoverable by the plaintiff from the first defendant and his assets.