KOCHUNNI Vs. KURIAKOSE

JUDGEMENT

(1.) The appellant is the defendant in a suit for recovery of plaint schedule item 1 with arrears of rent and future rent and for a permanent injunction to restrain the defendant from entering upon plaint schedule item 2, filed by the respondent plaintiff.

(2.) On 1-3-1962 plaint schedule item 1 consisting of 30 cents of land was taken by the appellant defendant on an agreement to pay a monthly rent of Rs. 100/- for a period of three years for the purpose of installing a saw mill, and Ext. P1 rent deed was executed by the defendant to evidence the transaction. In terms of Ext P1, the defendant was to construct the necessary buildings to install the machinery for conducting the saw mill and pay rent every month without default; in case of default, the appellant defendant had to pay interest on the arrears of rent at 12% per annum and surrender the property, demolishing and removing the building on expiry of the period without dispute. It is averred in the plaint that the defendant had paid rent upto and inclusive of May 1965 and the plaintiff had passed receipts to him for such payments; rent from June 1965 was in arrears; a plot of 10 cents, touching the property given on rent to the defendant, was in the possession of the plaintiff, but the defendant had put logs of timber in the property including the plot in the possession of the plaintiff, and had destroyed the fence separating the properties causing inconvenience to the plaintiff and members of his family; hence prayer for injunction restraining the defendant from trespassing upon plaint schedule item 2 besides recovery of possession of item 1 with arrears of rent.

(3.) In his written statement the defendant raised various contentions, stating inter alia that he had invested Rs 30,000/- for the mill and the machinery; the plaintiff bad agreed to allow him to conduct the mill for as many years as he wanted; the defendant was a tenant entitled to fixity of tenure; and in case of eviction he was entitled to value of improvements.