BALARAMAN Vs. KAMALAM

JUDGEMENT

(1.) This Second Appeal is filed by the defendant in the suit, being aggrieved by the decree passed against him by the trial Court and the same being confirmed by the first appellate Court.

(2.) The subject matter of the suit is the immovable property situated in the village of Saram commune in Pondicherry bearing Survey No.248/2 cad and Nos.4370, 4372/1, 4373 paimash. The suit filed for delivery of "B" schedule property which is part of "A" schedule property with description as mentioned above.

(3.) According to the plaintiff, one Gopal Naicker was the absolute owner of the "A" schedule property. The plaintiff purchased from him on 28.01.1961 and enjoying the same as absolute owner. The "B" schedule property is the portion of "A" schedule property, which was let out to the defendant. Possession was given to the defendant on 01.02.1970 with permission to put up superstructure on it. After June 1980, the defendants wilfully failed to pay the rent. The well in the property was closed by the defendant causing damage to the property. On 28.02.1982, the plaintiff terminated the tenancy and called upon the defendant to vacate and handover the vacant possession of "B" schedule property on before 01.03.1982. The defendant failed to handover the property. Hence the suit for delivery of possession and recovery of damages.