KERALA ROADWAYS LIMITED CALICUT Vs. C V RAJU

JUDGEMENT

(1.) THE defendants are the appellants. THE plaintiff rented out his premises to an extent of 60 -18" at door No. 29/205, Sukrawarpet, Coimbatore to the second defendant for a monthly rent of Rs. 650/- THE second defendant vacated the premises on 19.7.1982. It is the further case of the plaintiff that he has not taken possession from the second defendant and he found several damages to the building and he made oral request to the second defendant to compensate for the same. Since the second defendant did no t comply with the request of the plaintiff for payment of compensation, the plaintiff issued lawyer's notice dated 15.10.1982 calling upon the second defendant to pay a sum of Rs. 10,000/-towards damage to which the second defendant in his reply dated 25.10.1982 declined the said request. THErefore, the plaintiff filed O.S. No. 2350 of 1982 on the file of Principal District Munsif, Coimbatore for recovery of Rs. 9,500/- from the defendant

(2.) IT is the case of the second defendant that it was true mat the building was taken on rent from the plaintiff on a mondily rent of Rs. 650/- on 17.7.1974. However, the defendant disputes that when the possession was handed over to the plaintiff on 19.7.1982, there were no damages as contended by the plaintiff and, therefore, the second claim of the plaintiff for damages has to be rejected.