PS PUSHPANGATHAN Vs. GEORGE T JOHN

JUDGEMENT

(1.) FACED with a decree for recovery of possession, payment of rent arrears and damages for use and occupation since the date of termination of tenancy, the tenant has brought this second appeal against the judgment and decree of learned Additional District Judge, Kottayam in A.S.No.324 of 2009 modifying the judgment and decree of learned Munsiff, Changanassery in O.S.No.280 of 2008.

(2.) IT is not very much in dispute that appellant is a tenant of the shoproom he having obtained tenancy from the prior owner of the building, K.J.Mathew on 01.04.2006. Appellant is running a homeo medical store in the said room. While so, the entire building of which schedule room forms part and the land were assigned to the respondents 1 and 2 as per Ext.A6, assignment deed. Appellant continued to be the tenant of the shoproom. The tenancy was terminated by Ext.A2, notice dated 02.06.2008 which was served on the appellant on 06.06.2008. Since respondents 1 and 2 are abroad, they sued through the third respondent, their power of attorney (Ext.A1 is the power of attorney) for recovery of possession of the shoproom with rent arrears and damages for use and occupation.

(3.) LEARNED counsel contends that there is no attornment of the tenancy by the appellant in favour of respondents 1 and 2, the assignment of suit property in favour of respondents 1 and 2 was without informing the appellant and hence respondents are not entitled to seek eviction.