O NAGENDRAN Vs. ARULMIGU MEENAKSHI SUNDARESHWARAR DEVASTHANAM

JUDGEMENT

(1.) The Appellant/Second Defendant has focused the present Second Appeal before this Court as against the Judgment and Decree dated 14.12.2005 in A.S. No. 182 of 2005 passed by the Learned 1st Additional Sub Judge, Madurai.

(2.) The First Appellate Court, viz, the 1st Additional Sub Judge, Madurai, while passing the Judgment in A.S.No.182 of 2005 dated 14.12.2005 has, among other things, observed that "The lease period has expired on 7.3.1994 as per Ex.A.2 Lawyer's Notice. So the receipt of rent after filing of the suit would not amount to assent for continuance of lease. Apart from this, D2 has not taken any steps to continue the tenancy. Now the earlier tenancy has expired and no tenancy agreement was entered into between the Second Defendant and the Plaintiff, after the expiry of the earlier tenancy. Moreover, it is very clear that the defendants are irregular in payment of rent. So the decree passed in favour of the plaintiff, allowing the claim of ejectment is correct" and resultantly, dismissed the appeal thereby, confirming the Judgment and decree of the trial court in O.S. No. 593 of 1995 dated 17.2.2004.

(3.) Being dissatisfied with the Judgment and Decree of the First Appellate Court in A.S.No.182 of 2005 dated 14.12.2005, the Appellant/Second Defendant has projected the Second Appeal before this Court, as an aggrieved person.