S AYYATHURAI THEVAR Vs. ARULMIGHU MATHIRAPUREESWEARASWAMI DEVASTHANAM

JUDGEMENT

(1.) The appellant in the second appeal is the first defendant in the suit in O. S. No. 232 of 1983 on the file of District Munsif, Thiruthuraipoondi laid by the first respondent herein .against the appellant herein and respondents 2 to 4 herein, who stood ex -parte in the said suit.

(2.) The plaintiff/firs respondent herein, laid the said suit for declaration that the plaintiff/first respondent is entitled to have half share in the produce from the suit coconut thope and to fix the same as fair rent, alleging that the respondents were permitted to raise coconut trees in the suit property to an extent of 8 acres 16 cents in Jambavanodai Vadakku Kadu Vattam, and that they are entitled to have the half share in the usufructs of trees as per the local custom and usage.

(3.) The defendants/appellants herein resisted the suit on the ground that the civil Court has no jurisdiction to fix the fair rent with reference to thopes, quoting the earlier decisions of this Court between the plaintiff/first respondent herein and the other tenants, wherein, this Court held that the plaintiff/first respondent herein cannot ask for fixation of fair rent, however permitted the plaintiff/first respondent herein, to institute a suit for enhancement of rent.