SUBBAROYAN Vs. DEVADAS NADAR

JUDGEMENT

(1.) THE Second Appeal arises out of a suit filed by the respondent herein for recovery of possession against the appellants. THE civil Revision petition arises out of an application under the Tamil Nadu City Tenant's protection Act filed by the appellant herein. THE trial Court granted a decree for eviction in favour of the respondent and it was affirmed by the appellant Court. THE petition filed by the appellants under the provisions of the Tamil Nadu City Tenant's protection Act was dismissed by the trial court and that was affirmed by the appellate Court.

(2.) THE short facts relevant are these: THE respondent purchased the suit property from one T. Srinivasan alias Chellappa under a document dated 17.4.1974 for Rs. 4,000/-. He issued a notice dated 14.5.1974 terminating the tenancy of the appellants with the expiry of the month ending on 16.6.1974. THE tenancy month is admittedly from 17.4.74 to 16.5.1974. Consequently, notice was issued terminating the tenancy with 16.6.1974. THE notice is marked as Exhibit B-2. THEre was no reply to the said notice by the appellants, Though they receive the same on 20.5.1974. THE respondent filed O.S. No. 3793 of 1974 for permanent and mandatory injunction as against the appellants with reference to a construction put up by the appellants. THE contention of the respondent was that it was unauthorisedly put up at the time of the institution of the said suit and it should be pulled down. That suit was contested by the appellants herein. In the written statement filed by them, the following plea was raised in paragraph 6 therein:

(3.) HENCE the first contention fails since I have found that there is factually a denial of title of the respondent by the appellants in the written statement filed by them in O.S. No. 3793 of 1984.