SHANMUGAM Vs. SASTHA KOVIL

JUDGEMENT

(1.) This Second Appeal has been filed challenging the judgment and decree of the Lower Appellate Court. The legal representatives of the defendant in the suit are the appellants herein. The respondent is the plaintiff in the suit. The suit O.S.No.82 of 2012 was filed by the plaintiff on the file of the Additional District Munsif Court, Tenkasi seeking for the relief of declaration of title in respect of suit first schedule and for recovery of possession in respect of suit second schedule and also for recovery of arrears of rent at the rate of Rs.1000.00per month from December 2011 and also for mandatory injunction to remove the alleged gate in the suit first schedule. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

(2.) As seen from the plaint, the plaintiff, which is a temple, claims that the defendant is their tenant in respect of the land and the superstructure. They also claimed that the defendant is in arrears of rent and he has also illegally put up a gate in the suit first schedule, which they seek for removal by seeking for a mandatory injunction. They also claim arrears of rent from the defendant at the rate of Rs.1000.00 per month from December 2011 onwards.

(3.) However, as seen from the written statement, the defendant has denied the allegations of the plaintiff and he disputes that he is a tenant in respect of the superstructure, but admits that he is a tenant only in respect of the vacant land. He also claims that earlier the plaintiff had instituted rent control proceedings in R.C.O.P.No.14 of 2009 against the defendant which came to be dismissed on 30/11/2010, which is also confirmed by the Rent Control Appellate Authority in R.C.A.No.1 of 2011 by its judgment dtd. 25/8/2011. In the aforementioned circumstances, the defendant claims that the suit for declaration, recovery of possession and mandatory injunction filed by the plaintiff has to be dismissed.