VAIDYANATHAN NADAR ANANTHAN NADAR Vs. KOCHURAMAN LAKSHMANAN

JUDGEMENT

(1.) This second appeal arises from a suit for declaration of title and for recovery of possession. The suit property is a shop building within the Trivandrum Corporation. The plaintiff is the appellant. According to him the suit building was built by the predecessor of his vendor. One Padmanabhan was the original tenant. The defendant occupied the building after 1120 agreeing to pay a rent of Rs. 25/- per month The plaintiff filed O. S. No. 198 of 1965 in the Munsiff's court, Trivandrum for recovery of arrears of rent and BRC. No. 19 of 1965 in the Rent Control Court for eviction. The defendant pleaded that the building was constructed by him. that the lease was only of the site and that the rent was Rs. 80/- per annum. The suit and the BRC. were dismissed. Appeals were filed against them. The appeals were ultimately withdrawn. Thereafter the present suit was filed.

(2.) The Trial Court found that the lease was of the site, that the building was constructed by the defendant prior to 1120 M.E. and that the defendant was entitled to the protection under S.106 of Act 1 of 1964 and the suit was dismissed. This was confirmed by the appellate court. Hence this second appeal.

(3.) The appellant's counsel raised two questions of law conceding for the purpose of this appeal that the findings of facts were conclusive against him: