N.DHARANIPATHI Vs. K.SHANMUGAM

JUDGEMENT

(1.) The appellants are the plaintiffs in O.S.Nos.1300, 1538, 1372, 1924 and 1370 of 1980 on the file of the III Additional District Munsif Court, Coimbatore. They filed the suits for recovery of possession of the suit properties described in the respective suits, for payment of arrears of rents and to pay damages for use and occupation.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

(3.) The case of the plaintiffs in all the suits is that the first plaintiff purchased the suit properties from one Munusamy through a registered sale deed dtd. 5/6/1979 (Ex.A1). The defendants were the tenants under the erstwhile owner and the tenancy was oral. The first plaintiff informed the defendants/tenants about his purchase of the suit properties by him and requested them to pay rents to him. Since they defaulted in payment of rents, the first plaintiff terminated the tenancy and issued a notice dtd. 31/3/1980 to all the tenants (Ex.A4). He also demanded them to pay the rental arrears. The defendants sent a reply dtd. 21/4/1980 (Ex.A5), which according to the first plaintiff contained false allegations. Hence, the first plaintiff filed the suit. During the pendency of the suit the first plaintiff sold the suit properties in favour of the second plaintiff through a registered sale deed dtd. 31/1/1981 (Ex.A20) and hence the second plaintiff was impleaded in all the suits.