SREENIVASAN Vs. SARASU

JUDGEMENT

(1.) The defendants are the appellants.

(2.) The respondent filed O.S. 620 of 1984 for a permanent injunction restraining the appellants or their men from evicting the plaintiff from the plaint schedule building in execution of the decree in R.C.O.P. 238/71 and also for a declaration that he is a tenant under the appellants. According to the plaintiff, he took shop room No. 2/678 on oral lease stipulating Rs. 90/- per mensem as rent and paid a sum of Rs. 1000/- as advance and subsequently from 1-6-1984 the rent was enhanced to Rs 225/- and recently the appellants demanded enhancement of the rent to Rs.400/- to which he was not willing. It was further averred that prior to that entrustment, his brother Chemeri Krishnan was in possession of the plaint schedule shop and plaintiff was conducting business therein. In R.C.O. P. 238/1971 filed by the defendant an order of eviction passed. Plaintiff further averred that he obstructed and filed O. S.294/1974 for a declaration that he was tenant and for injunction restraining the defendant from evicting him. According to him, eventually the matter was settled in a mediation and the property was entrusted to him on lease.

(3.) The suit was resisted by the defendants. It was contended that the present suit is barred by res judicata by reason of judgment and decree in O. S.294/1974. They also denied the oral entrustment set up by the plaintiff and payments of rent alleged to have been made by the plaintiff.