DHARMAPURA ADHINAM MUTT REP Vs. RAGHAVAN

JUDGEMENT

(1.) Appeal filed against the judgment and decree made in O.S.No.72 of 2004 dated 29.12.2005 on the file of the learnedDistrict Judge, Nagapattinam.

(2.) The plaintiff is the appellant. The suit property belongs to Dharmapura Aadhina Mutt represented by its Adhinakartha. The suit land was leased out to one Chidambaram Chettiar in the year 1927. He was permitted to put up a construction for the purpose of conducting Rig and Yajur veda pada salai ( Samaradhanai ) and to feedthe students, for which, a paguthi (rent) of Rs.3/-was fixed per Fasli. The said Chidambaram Chettiar executed a paguthi deed dated 10.3.1927 agreeing torun thepadasalai with a condition that whenever he was unable to run the said padasalai or violated the terms of the paguthi deed,heshould vacate and handover vacant possession of the land to the Mutt. The said Chidambaram Chettiar and after his demise, his son Annamalai Chettiar and after his death, his eldest son, the first respondent herein, continuously enjoyed this property by performing the undertaking given in the paguthi deed.

(3.) When the 1st respondent violated the conditionby subletting the suit property to the third parties, stopped the purpose for which it was let out and also defaulted in payment of rent, the appellant filed a suit in O.S.No.34 of 1985 before the Sub Court, Mayiladuthurai.The said suit ended in a compromise dated 18.12.1991 and in terms thereof, fresh lease was given to the 1st respondent by fixingthe lease amount at Rs.1500/-per fasli.Again it was agreed that if the respondent violated any of the conditions, he should vacate and handover vacant possession.