THOMAS V.THOMAS Vs. DEEPA SAJEEV

JUDGEMENT

(1.) The suit for eviction and removal of structures in plaint schedule items was dismissed by Sub Court, Mavelikkara, in O.S.No.261/2008. The aggrieved plaintiffs have filed this appeal.

(2.) The appellants are the owners of plaint A, B, C and D schedule properties which they leased out to the first defendant for conducting a petrol pump on a monthly rent of Rs.38,000/- for a fixed period of 21 years. When disputes arose as to the rate of rent, plaintiffs filed O.S.130/2005 before the Sub Court, Mavelikkara and obtained a decree declaring the monthly rent of rate payable as Rs.38,000/-.

(3.) The case of the appellants is that even after the decree, the first defendant kept the rent in arrears and therefore invoking the clause in Ext.A3 lease deed dated 6.3.2004, lease was terminated by Ext.A7 notice dated 7.5.2005. Second defendant is said to be a person claiming under the first defendant and therefore he was also made a party to the suit.