ARULMIGU VELUKKAI SRI AZHAGIYA Vs. G.K.KANNAN

JUDGEMENT

(1.) The plaintiff is a temple and it has instituted the suit through its trustees for evicting its tenant, who is arrayed in the suit as 1st defendant, from the suit property, along with a prayer for recovery of arrears of rent. In the suit, the 1st defendant had pleaded that his brother was the title holder of the suit property. Hence, he came to be impleaded as the 2nd defendant. The prayer in the suit however, was not amended to include any relief of declaration of plaintiffs' title.

(2.) The suit went to trial, and before the trial Court, the plaintiff has produced the certified copy of a Trust Deed dated 24.09.1907, executed by one Andalammal, who was admittedly the owner of the suit property, and this came to be marked as Ex.A5. The rent note 04.12.1957 executed as between the plaintiff and the 1st defendant was marked as Ex.A6. It was subsequently renewed Vide Ext.A-7 dated 17-09-1963. The document on the basis of which the 2nd defendant claims title came to be marked as Ex.A15 = Ex.B1, dated 27-09-1984.

(3.) Aggrieved by the decree of the trial Court, both the plaintiffs and the 1st defendant had respectively preferred separate first appeals in A.S.35 of 1991, and A.S.50 of 1991, to the extent that the said decree went against them. Both the appeals came to be heard jointly and were disposed of by a common judgment.