ASHOK SEN Vs. RAJAMMAL

JUDGEMENT

(1.) This application has been filed seeking condonation of delay of 2508 days in filing the Second Appeal.

(2.) The facts in brief:- Arulmigu Arunachaleswarar Thirukoil, Thiruvannamalai, represented by its Executive Officer instituted the suit in O.S.No.3326 of 2001 praying for delivery of vacant possession of the suit property; for recovery of 21,175/- being the arrears of rent and for future damages at the rate of Rs.790/-, till the delivery of possession and for costs.

(3.) The case of the plaintiff is that the suit property belongs to the Temple. Indirasen, the father of the first defendant was inducted as tenant and after his demise, the first defendant continued to be in possession on a monthly rent of Rs.605/-. But, he was irregular in paying the rents and as on 31.05.2001, a sum of Rs.21,175/- was due. So, by a notice dated 11.05.2001, the lease was terminated by the end of May 2011, and he was called upon to deliver the vacant possession. A notice, dated 01.06.2001 was issued demanding Rs.1,200/- per month and the damages at the rate of Rs.790/- but both notices were returned. Hence, the suit.