V NATARAJAN Vs. VEERABADRA UDAYAR

JUDGEMENT

(1.) FIRST defendant is the appellant in this second appeal. The suit was filed on the allegations that the plaintiff is a cultivating tenant of the suit land having taken it on lease from the first defendant and the first defendant purporting to have leased it to the second defendant is trying to unlawfully evict him and therefore an injunction be granted restraining them from interfering with the plaintiff's possession.

(2.) AS against this the first defendant is contending that the plaintiff has been given only the right to take the usufructs of the cocoanut trees for a period of two years commencing from 16-2-1979 on payment of Rs. 175 per year and the lease time having been over on 15-2-1981, the plaintiff has no right to take the usufructs. It is further contended that the allegation that the plaintiff is a tenant in respect of the land is false. It is also contended that having taken advantage of the first defendant being away at Madras, the plaintiff is causing trouble to the first defendant's sister who has raised chilly and brinjal crops. Second defendant has adopted the written statement of the first defendant.

(3.) THUS considering I am clearly of the view that under Ex. A2, the plaintiff has only to collect the produce of the trees and he has no other right in the land and as such his plea that he is a cultivating tenant cannot be countenanced. Hence I cannot agree with the findings of the first appellate Court, and the judgment of the trial Court must be held to be correct. Accordingly the second appeal is allowed and the judgment of the first appellate Court is set aside and the judgment of the trial Court is restored. The first respondent shall pay the costs to the appellant-first defendant.