KAZHUGUMALAI RAJA A K RAJAGOPALARAJA Vs. RAJAPALAYAM PALAYAPALAYAM

JUDGEMENT

(1.) The above second appeal is directed against the judgment and decree dated 20.8.1991 rendered in A.S.No.27 of 1989 by the Court of Subordinate Judge, Srivilliputtur thereby reversing the judgment and decree dated 7.4.1989 rendered in O.S.No.43 of 1985 by the Court of Additional District Munsif, Srivilliputtur.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the respondent herein has filed the suit in O.S.No.43 of 1985 before the Court of Additional District Munsif, Srivilliputtur as against the first appellant herein praying to order eviction of the defendant from the plaint schedule premises, which is a terraced building situated in Mudangiar Road, Rajapalayam Town, and to deliver possession of it to the plaintiff.

(3.) The averments of the plaint are that the appellant/defendant is a tenant under the plaintiff for the suit schedule premises; that the plaintiff owns number of buildings and properties and also owns a temple by name Arunachala Eswarar Temple; that the plaintiff is carrying on the voluminuous and busy administrative business, executive and other business of its community temporarily in the Annakavadi Mandabam of the said temple; that the said Mandapam is set apart from keeping Annakavadi and for accommodating Sadhus who carry the said Annakavadi for collecting food and other articles of food; that since the temple hall is small, naturally the crowd spills over the adjoining Annakavadi Mandabam due to which the plaintiff's work is seriously disturbed and further it is unsafe to keep the records and cash of the plaintiff in the said Annakavadi Mandabam in the crowded circumstances and hence, the plaintiff, in its General Body Meeting dated 29.3.1980 resolved to take possession of the schedule property and Door No.382 which is situate in the pivotal and central place of the plaintiff's buildings and issued a lawyer's notice to the defendant and the tenant of Door No.382 on 7.3.1981 terminating the tenancy further requiring the defendant to vacate and surrender possession of the schedule property immediately on the expiry of 31.3.1981 and the defendant sent a reply dated 2.4.1981 with false and untenable contentions.