G.T.L.INFRASTRUCTURE LIMITED Vs. AMALADOSS

JUDGEMENT

(1.) This civil revision petition has been filed by the defendant in a money suit challenging the order of dismissal of an application under Sec. 8 of the Arbitration and Conciliation Act, 1996.

(2.) The respondent herein had filed O.S.No.252 of 2021 on the file of the Additional Subordinate Court, Thanjavur for the relief of recovery of a sum of Rs.7,32,520.00 towards rental arrears and for a mandatory injunction directing the defendant to dismantle a tower situated in the suit property.

(3.) According to the plaintiff, he is the owner of the suit schedule property and he had entered into an unregistered lease agreement with the defendant on 16/10/2007 to lease out the suit property for the purpose of erecting a mobile tower for a period of 12 years. The defendant had paid a sum of Rs.30,000.00 as advance and agreed to pay a monthly rent of Rs.5,000.00. The plaintiff had further contended that the defendant has not paid the rent since November 2017 and the lease has come to end as per agreement on 15/10/2019. After the lease period had expired, the plaintiff had made several requests to the defendant to vacate premises by dismantling the tower and also to pay the arrears of lease amount. However, the defendant has not complied with the same. Therefore, the plaintiff has issued a legal notice on 27/11/2020, but the defendant has not complied with the said demand and hence, the present suit.