C.RAJASEKHARAN Vs. V.SRIDHARAN

JUDGEMENT

(1.) The second defendant in the original suit is the appellant in the second appeal. The first respondent V.Sridharan, as plaintiff, filed the original suit O.S.No.93 of 1992 against the second respondent Dr.I.C.Vyas, the appellant Dr.C.Rajasekharan and the third respondent G.Rathinam for eviction, recovery of arrears of rent and for recovery of damages for use and occupation. The suit was decreed by the trial Court. On appeal preferred by the appellant herein/second defendant, the same was confirmed by the appellate Court. As against the judgment and decree of the appellate Court by which the decree passed by the trial Court stands confirmed, the present second appeal has been filed. For the sake of convenience the parties are referred to in accordance with their ranks in the suit.

(2.) The plaintiff's case is as follows:

(3.) The first defendant Dr.I.C.Vyas remained ex parte. The third defendant filed a written statement stating that he had vacated the portion of the suit property which was in his possession and handed over possession of the same to the first defendant Dr.I.C.Vyas in 1991 itself and hence he was not liable to pay any rent to the plaintiff. The second defendant was the only contesting party. In his written statement, after providing general denial of each and every allegation made in the plaint, he had made the following averments: