N SRINIVASAN Vs. VIDYA DURAI

JUDGEMENT

(1.) Defendants in O.S. No. 3421 of 2007 on the file of the XVI Assistant Judge, City Civil Court, Chennai are the revision Petitioners.

(2.) The Respondent/Plaintiff filed the above suit for recovery of possession of the suit property and for damages for use and occupation from 1.4.2007 to 20.4.2007. The case of the Respondent/Plaintiff was that the first Defendant was a tenant under her in respect of the suit property which was constructed in the year 2005 and the suit property was let out to the first Defendant for residential purpose, but, he is using the same for non-residential purpose. The first Defendant committed wilfuldefault in payment of rent and therefore, the first Defendant was asked to vacate the premises and for that purpose, the suit was filed.

(3.) The revision Petitioners filed written statement contending that it was agreed between the parties that the lease period was for three years and it would be renewed for a further period of two years and when the parties were about to enter into agreement of lease, the Plaintiff's sister Mrs. Bama Ravi persuaded the Defendants not to enter into a written agreement and the Defendants also agreed tithe same as the first Defendant is a close friend of Mr. Ravi, the husband of Mrs. Bama. It was further stated that the rent was paid to Mrs.Bama and the other allegations in the plaint were denied.