K SUBRAMANIYAN Vs. MARIYAYEE

JUDGEMENT

(1.) The Defendant in the original suit is the Appellant herein. Plaintiff in the original suit is the Respondent in the second appeal. The suit O.S. No. 137/2002 on the file of the learned District Munsif, Thuraiyur, was filed by the Respondent herein for recovery of possession based on the alleged termination of tenancy and for recovery of a sum of Rs. 625/- being the arrears of rent and for damages for use and occupation from the date of filing of the suit. The suit was decreed by the trial court directing the Appellant herein/Defendant to deliver vacant possession of the suit property to the Respondent herein/Plaintiff and also to make payment of a sum of Rs. 625/- towards arrears of rent. In respect of other reliefs the suit was dismsised. The judgment and decree of the trial court was passed on 26.07.2008.

(2.) As against the same, the Appellant herein preferred an appeal on the file of the lower appellate court, namely the court of the Second Additional Subordinate Judge, Tiruchirapalli in A.S. No. 182/2008. In the said appeal, the Appellant herein/Defendant also filed an interlocutory application in I.A. No. 967/2009 under Order XLI Rule 27 for reception of additional documentary evidence. The learned first appellate judge by a common judgment and decree dated 18.12.2009 dismissed the said application and the appeal. As against the dismissal of the appeal by lower appellate court, the present second appeal has been filed by the Appellant herein/Defendant.

(3.) The submissions made by Mr. V. Singan, learned Counsel appearing for the Appellant and by Mr. R. Sundar, learned Counsel appearing for the Respondent were heard. The materials placed before this Court in the form of typed set of papers including copies of judgment and decrees passed by the court below were also perused.