J ABDUL SALAM Vs. ARULMIGU KONIAMMAN DEVASTHANAM

JUDGEMENT

(1.) The second defendant in the suit is the appellant herein. The first respondent herein has filed the suit O.S. No. 2043 of 1982 against the appellant and respondents 2 to 5 herein. The trial court decreed the suit and the appeal preferred by the appellant herein was dismissed by the first appellate Court, hence the present second appeal.

(2.) At the time of admission, the following substantial questions of law are framed for consideration in this second appeal.

(3.) The case of the Plaintiff/first respondent herein is as follows:- The Plaintiff is the owner of the suit property and the first defendant is a lessee in respect of the suit property from 01-01-1975 for a monthly rent of Rs.210/-. On 09-04-1975, the Plaintiff and first defendant entered into a lease agreement for a monthly rent of Rs.210/-. The rent was enhanced to Rs.330/- from 01-05-1977 which was also agreed by the first defendant. Contrary to the agreement, the first defendant has sublet the premises to Defendants 2 to 5. Due to misunderstanding, the first defendant gave complaint against the defendants 2 to 5 and then only the Plaintiff came to know the sublet and they have terminated the lease agreement on 05-06-1982. According to the Plaintiff, if there is any agreement between the first defendant and defendants 2 to 5 in respect of the property it would not bind them. As on 31-08-1981 the first defendant is liable to pay a sum of Rs.7,370/- towards rent, hence the suit.