V DHARMARAJ Vs. JAFFAR SADIQ

JUDGEMENT

(1.) THE respondents here in/plaintiffs have filed the suit in OS. No. 284 of 1997 to pass a Judgment and Decree for recovery of a sum of Rs.440/- from the 1st appellant here in/the defendant and to direct the defendant to vacate and deliver vacant possession of the suit property after dismantling the superstructure and to direct the defendant to pay a sum of Rs. 50/- per month as damages to the plaintiffs from 1.8.1997 till the recovery of possession of the suit property and for costs.

(2.) THE case of the plaintiff as set out in the plaint is as follows:- a. THE defendant is the lessee under the plaintiffs in respect of their Kudiyiruppu Manaikat descried in the suit schedule by putting up a thatched hut. THE lease is a month to month commencing from the first day of every English Calendar Month. THE monthly rent is Rs.10 and he has to pay the same on or before 5th day of every English Calendar Month. From the month of October 1996, the defendant failed to pay the rent. b.On 11.12.1996, the plaintiffs issued a demand cum quit notice to the defendant and thereby terminated the lease. After receiving the notice, reply was sent by the defendant on 26.12.1996. THE defendant has stated that he was not a tenant, but a licensee. THE defendant is estopped from denying the title of the plaintiffs and claiming ownership over the suit property. THE defendant has not paid the arrears of rents. After the termination of the lease, the defendant became a trespasser of the suit property. THErefore, he is liable to pay damages of Rs.50/- per month. In such circumstances, the suit has been filed.

(3.) ON consideration of the oral as well as the documentary evidence, the Trial Court dismissed the suit and the appeal filed as against the same by the plaintiffs was allowed, setting aside the Judgment and Decree of the Trial Court. As against the same, this Second Appeal has been filed.