L.C. SAPTHARISHI Vs. E.D. BALASUBRAMANIAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the first appellate court in A.S.No.307 of 2001 dated 31.12.2003 in interfering with the judgment and decree passed by the trial court made in O.S.No.1262 of 1991 dated 23.08.2000 in partially decreeing the suit.

(2.) THE appellant was the defendant and the respondent was the plaintiff before the trial court.

(3.) THE case of the plaintiff as stated in the plaint would be as follows: - The suit site belongs to the plaintiff. On 29.11.1984, it was leased out to the defendant for a period of five years for storing cylinders at Rs.1,500/ - p.m. It was agreed to renew the lease for further five years at the option of the plaintiff. In case the plaintiff declines, the defendant has to vacate and hand over vacant possession. The plaintiff wanted the property for his own use. Hence, on 29.11.1989, the request of the defendant for renewal was turned down. Even though, at the request of the defendant seven months time from 29.11.1989 was given to the defendant to vacate, however, at the cost of Rs.2,500/ - p.m. But from April 1990, the defendant had paid only Rs.1,500/ -p.m. On 05.06.1990, he had requested the plaintiff to renew the lease for three years and collect the balance rent. The plaintiff did not agree for the same. Again the defendant paid Rs.1,500/ - per month. On 21.10.1990, by a lawyer notice, the plaintiff terminated the tenancy and sought for vacant possession by the end of 28.11.1990 and also damages at Rs.4,000/ - per month from November 1990 for use and occupation. He did not vacate the property. On 21.11.1990, the defendant sent a false reply. Thus, the plaintiff sought for recovery of vacant possession; Rs.3067/ - towards damages at the rate of Rs.4,000/ - p.m for 23 days from 29.11.1990; and for future damages at the said rate.