NAWAB MASJID TRUST Vs. CHUBHAGMUELL GULECHA

JUDGEMENT

(1.) THE appellant herein is the plaintiff who filed the suits O.S. Nos.64 and 66 of 1979 on the file of District Munsif, Tindivanam to evict the respondent herein from the suit properties and for recovery of possession as well as arrears of past and future rent on the basis that the respondent took the subject matter of the suit property on lease and executed Ex.A-6 the unregistered rent agreement. THEre was an understanding that the respondent should pay the monthly rent of Rs.50 and also to pay the municipal tax. Since the respondent failed to pay the arrears of rent upto 31.7.1978 and also the municipal tax, the same were accrued to the tune of Rs.2,950 and to recover the same the suit is were laid.

(2.) THE respondent herein contested the claim of the appellant contending that the suit property is in occupation of one Selvaraj. THE understanding between the appellant and the respondent is that the appellant would evict the said Selvaraj and hand over vacant possession to the respondent and after taking vacant possession a registered lease agreement will be entered into between the parties. However, the said Selvaraj was not evicted by the appellant and no vacant possession was handed over to the respondent. Hence, the relief sought for is a misconceived one against a wrong person; especially when there is no relationship of landlord and tenant between the parties.

(3.) AT the time of admission the following substantial question of law was formulated: