APPARSWAMY TEMPLE Vs. K.KAMALAKANNAN

JUDGEMENT

(1.) The unsuccessful plaintiff in the suit is the appellant. The plaintiff temple filed a suit seeking recovery of vacant possession and also recovery of damages for wrongful use and occupation. The said suit was dismissed by the trial Court, which was confirmed by the first appellate court. Aggrieved by the concurrent findings, the plaintiff has come by way of this second appeal.

(2.) According to the appellant/plaintiff, the respondent/defendant is a tenant under the plaintiff temple in respect of non residential building for monthly rent of Rs.1,500.00. Later on from 1/11/2001 onwards, the rent was enhanced to Rs.2,844.00 per month. The respondent failed to pay rent properly and he was in arrears, hence, the appellant issued a notice dtd. 7/3/2011 terminating the tenancy with the last day of the month and sought for delivery of possession. Since the respondent's occupation of the building was wrongful after termination of tenancy, the appellant claimed Rs.3,000.00 per month for damages and occupation. On these pleadings, the appellant sought for recovery of possession and recovery of damages.

(3.) The respondent/defendant filed a written statement stating that as per the demand made by the appellant, he had been paying the rent regularly without any protest. He claimed that he paid entire rent on the date of filing of the written statement. It was further averred by the respondent that the area let out to the respondent was only 124 sq.ft, however, the appellant calculated the rent, as if 158 sq.ft was let out to the respondent. The respondent further claimed that he had been paying rent regularly to the appellant and therefore, he was not liable to be evicted.