T. PARTHASARATHY Vs. ARULMIGHU PARTHASARATHY SWAMY THIRUKOIL

JUDGEMENT

(1.) The defendant appeals against the order of ejectment passed by the II-Assistant City Civil Court, Chennai in O.S.No.7900 of 1998 dtd. 11/9/2006, which was confirmed by the III-Additional City Civil Court at Chennai in A.S.No.573 of 2007 dtd. 20/12/2007.

(2.) The facts leading to the appeal are that the plaintiff / Arulmighu Parthasarathy Swamy Thirukoil represented by its Assistant Commissioner / Executive Officer is the owner of the suit schedule mentioned property. The tenancy was granted in favour of one G.G.Thiruvengdam Pillai for a monthly rent of Rs.12.00. The said Thiruvengadam Pillai passed away in the year 1980. Thereafter, the tenancy was not transferred in the name of his legal heirs. The appellant without permission of the landlord / Temple authorities started putting up construction over the existing ground and first floor. Immediately, the Temple authorities have proceeded against this unauthorized and illegal construction. It is unauthorized and illegal, because, according to the Temple, being the owner of the land, their permission should have been taken prior to putting up of the construction.

(3.) Despite a letter / Ex.B2 dtd. 1/4/1998, the appellant proceeded ahead and completed the construction. Consequently, the respondent / plaintiff issued notice to quit and deliver vacant possession on 3/7/1998. This was responded too by the appellant on 20/7/1998. Be on the safer side, as the first notice had been sent on certificate of posting, the second notice was sent through Registered Post with acknowledgment due on 21/7/1998. As the construction had been completed, the plaintiff filed a suit sought for the following reliefs:-