RAJAN Vs. PADMAVATHY

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure questioning the correctness and legality of the Order dated 18.10.2011 made in E.A.No.53 of 2011 in E.P.No.46 of 2008 in O.S.No.4 of 2006 on the file of the Principal District Munsif -cum -Judicial Magistrate, Eraniel. At the time of filing of the Civil Revision Petition, Mrs. Padmavathy, happened to be the sole Respondent. Since she died after the filing of the Revision, her Legal Representatives have been impleaded as Respondents 2 o 7.

(2.) CLAIMING to be owner of the Suit property, namely two shops bearing old Door Nos.17/28 & 17/29 (New Door Nos.17/39 & 17/40) in Eraniel Village, comprised in R.S.No.156/3E1 and that the said property had been leased out to the Revision Petitioner (Defendant), Padmavathy, as Plaintiff, filed O.S.No.4 of 2006 on the file of the Principal District Munsif -cum -Judicial Magistrate, Eraniel praying for a Decree directing the Revision Petitioner (Defendant) to vacate and hand over vacant possession of the said properties and also for payment of arrears of rent. The Suit was filed after issuing a Notice terminating the lease and requiring delivery of vacant possession. In addition, she had also prayed for a direction to pay damages for use and occupation (Mesne Profits) at the rate of Rs.2,500/ - per month from 1.12.2005 till the date of delivery of vacant possession and also for costs.

(3.) AFTER contest, the learned Principal District Munsif -cum -Judicial Magistrate, Eraniel decreed the Suit directing delivery of vacant possession and payment of Rs.1,900/ - towards rental arrears from August 2005 to November 2005 at the rate of Rs.475/ - per month and directing initiation of separate proceedings under Order 20, Rule 12(1)(ba) of Code of Civil Procedure regarding the claim of Mesne Profits. The decree passed on 30.8.2007, was challenged by the Revision Petitioner (Defendant) in A.S.No.3 of 2008 on the file of the Subordinate Judge, Padmanabhapuram. The learned Subordinate Judge, Padmanabhapuram, after hearing, dismissed the Appeal without costs by his Judgment and Decree dated 3.2.2010 confirming the Decree passed by the Trial Court. As against the concurrent Judgments of the Trial Court and the Appellate Court the Revision Petitioner/Defendant preferred a Second Appeal in S.A. (MD) No.507 of 2010 on the file of this Court. This Court, by Judgment dated 8.7.2010 dismissed the said Second Appeal and thus, the Decree passed by the Trial Court stands confirmed.