K MUTHUSAMY Vs. COMMISSIONER UDUMALPET MUNICIPALITY

JUDGEMENT

(1.) The Appellant / Defendant has filed this present Appeal as against the Judgment and Decree dated 30.10.1998 in O.S.No.498 of 1994 passed by the Learned Sub Judge, Udumalpet.

(2.) The trial Court while passing Judgment in the main suit as among other things observed that 'on a consideration of totality of the facts, the Respondent / Plaintiff is entitled to claim the relief prayed for in the Plaint and the Appellant / Defendant is liable to pay the amount claimed by the Respondent / Plaintiff and has come to the resultant conclusion that the Appellant / Defendant is to pay the balance arrears of rent and further the Appellant / Defendant has been directed to pay the suit amount with interest at 12% per annum from the date of filing of the Plaint till date of realisation and accordingly decreed the suit with costs'.

(3.) Before the trial Court, three issues have been framed for adjudication in the main case. On the side of the Respondent / Plaintiff witness P.W.1 has been examined and Exs.A.1 to A.11 have been marked. On the side of Appellant / Defendant witness D.W.1 has been marked and Exs.B.1 to B.10 have been marked. Also Ex. C1 - Commissioner's Report and Ex.C2 - Commissioner's Plan have been marked.