K KRISHNAN Vs. IDOL OF SREE MUNISWARASWAMY

JUDGEMENT

(1.) The defendants, who suffered with a decree in the hands of both the courts below in a suit for declaration, recovery of possession and for rental balance, have brought forth this second appeal.

(2.) The short facts necessary for disposal of this appeal are as follows: The suit property, a thatched shed, which is resting on the eastern wall of the plaintiff's temple in Door No.1, Rengasamy Chettiar Street, Trichy belonged to the plaintiff's temple. The second plaintiff is the trustee of the first plaintiff temple. The first and the second defendants have been in possession as tenant from 1969 agreeing to pay the monthly rental. The present agreed rent is Rs.135/- per month. There was a wilful default on the part of the defendant in making the payment from 1.3.1982. The arrears amount due for the said period till the filing of the suit was Rs.4,837.50 deducting the advance of Rs.300/-. The first and the second defendants have sublet the premises to the third defendant without the consent of the plaintiff. A presuit notice was issued terminating the tenancy, which resulted in a reply notice with false allegations denying the title of the plaintiff, and hence, there arose a necessity for filing the suit.

(3.) The suit was resisted by the defendant mainly on two grounds that the suit property was a Government poramboke, and thus, the plaintiff was not entitled for the relief as asked for; that insofar as the recovery of possession, the tenancy agreement pleaded by the plaintiff was false and there was no landlord and tenant relationship between the parties, and hence, the suit was to be dismissed.