R GOVINDAN DIED Vs. KARAPAGA VINYAGAR TEMPLE

JUDGEMENT

(1.) THE unsuccessful defendant in both the courts below is the appellant.

(2.) THE case in brief is as follows : - THE plaintiff filed a suit for recovery of possession and arrears of rent past and future. THE plaintiff is the owner of the property and the same was rented out to the defendant on 27. 9. 1975 on a monthly rent of Rs. 55. THE rent is to be paid on the 10th of every English calendar month and the lease is for a period of three years. However, the defendant continued to occupy the property and from June 1980, the monthly rent was Rs. l00. THE defendant is in arrears of rent from September 1982 to June 1994 amounting to Rs. 2200. Since the defendant is a trespasser, he is liable to pay at the rate of Rs. l25 per month.

(3.) THE plaintiff Trust is admittedly the owner of the property and the defendant is occupying the property as a tenant. THE trial court fixed the monthly rent of Rs. 80 per month and passed the decree for arrears of rent as well as delivery of possession. It was upheld by the lower appellate court also. THE learned counsel for the defendant / appellant mainly contended that there is no valid notice to quit under section 106 of Transfer of Property Act. Ex. A-2 notice did not terminate the relationship between the parties as there is no termination of tenancy. THE plaintiff is a denominational temple and is not exempted from the purview of the Tamil Nadu Buildings (Lease and Rent Control) Act. THE appellant is not in arrears of rent. THE courts below erred in assuming that the tenancy has been determined as on 30. 06. 1984 when there is absolutely no such averment in Ex. A-2 notice.