KAYAROGANASWAMY NEELAYADHATCHI AMMAN DEVASTHANAM REPRESENTED BY ITS EXECUTIVE OFFICER Vs. NAGAPATTINAM CO-OPERATIVE HOUSING SOCIETY LIMITED REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) The Appellant/Plaintiff has projected the instant Second Appeal as against the Judgment and Decree dated 20.09.1996 in A.S.No.99 of 1996 passed by the Learned Additional Subordinate Judge, Nagapattinam, in affirming the Judgment and Decree dated 04.01.1995 in O.S.No.107 of 1992 passed by the Learned District Munsif, Nagapattinam.

(2.) The First Appellate Court viz., the Learned Additional Subordinate Judge, Nagapattinam, while passing the Judgment in A.S.No.99 of 1996 (filed by the Appellant/Temple), on 20.09.1996, has inter alia observed that 'as per Section 106 of the Transfer of Property Act, Ex.A.2 Notice has been issued and as per Section 111(h) of the Tenancy Agreement, Ex.A.2 Notice has been terminated on 31.12.1987 and that the Respondent/Defendant has been in enjoyment of the suit property and that the Respondent/Defendant has paid the rent in respect of the place as per Section 116, which has been accepted by the Appellant and as such, it is to be construed that as per Section 113, the Appellant/Plaintiff has given up the initiation of further proceedings and based on Ex.A.2 Notice, the relief prayed for by the Appellant/Plaintiff that the Respondent/Defendant is to vacate and hand over possession, cannot be granted and further opined that the Appellant/Plaintiff is not entitled to obtain the relief of recovery of arrears of rent in respect of the suit property and consequently, dismissed the Appeal without costs, thereby, affirming the Judgment and Decree passed by the trial Court in the main suit.'

(3.) Before the trial Court, in the main suit, 1 to 4 Issues have been framed for adjudication. On behalf of the Appellant/Plaintiff, Witness PW1 has been examined and Ex.A.1 to Ex.A.3 have been marked. On the side of the Respondent/Defendant, Witness DW1 has been examined and no documents have been marked.