M.SELVARAJ Vs. ARULMIGU ARUNACHALESWARAR THIRUKKOIL

JUDGEMENT

(1.) The defendant is the appellant in this Second Appeal.

(2.) The respondent/plaintiff filed the suit seeking for the relief of delivery of vacant possession and for damages for use and occupation of the property from 1/9/2001 till the date of handing over of possession.

(3.) The case of the plaintiff is that they are the absolute owners of the suit property measuring an extent of 2400 Sq.ft. It is stated that the defendant is a tenant and the tenancy computed according to the English calendar month. The further case of the plaintiff is that the defendant had put up unauthorised additional construction in the property without any permission and had also let out some portion of the property to various individuals without the consent of the plaintiff. Hence, a notice was issued through their counsel on 28/7/2001, marked as Ex.B3. This was a notice under Sec. 106 of the Transfer of Property Act terminating the tenancy by the expiry of the end of the month of August 2001 and calling upon the defendant to quit and deliver vacant possession of the property. The defendant was also directed to pay the arrears of rent and for damages for the use and occupation from 1/9/2001 onwards till handing over of the vacant possession.