SOLAIAMMAL Vs. THOOTHUKUDI MUNICIPAL CORPORATION

JUDGEMENT

(1.) Having unsuccessful before the Trial Court, namely, Principal District Munsif Court, Tuticorin, in O.S.No.233 of 2004 and before the 1st Appellate Court, namely, Sub Court, Tuticorin, in A.S.No.133 of 2007, defendants 2 to 4, who are legal heirs of deceased first defendant, have directed this second appeal.

(2.) Admittedly, on 11.07.1992, the first defendant, bid at the auction held for the shops situate near the old bus stand at Tuticorin belonging to Thoothukudi Municipal Corporation. First defendant became successful with respect to shop no.58. According to plaintiff, possession was given to him on 01.11.1992. He has also executed Ex.A1 solvency certificate. He has also deposited Rs.5,000/- towards advance and Rs.6,040/- towards security amount. However, he did not pay rent and he fell into arrears. Originally, in 1997, Thoothukudi Municipality instituted the suit to recover arrears of rent at the rate of Rs.1,510/- per month for the period from April 1994 to October, 1995 and adding 15% increase as per the agreement, for the period from November, 1995 to March, 1997, for 17 months, totaling Rs.58,219/-. While the suit was pending, first defendant passed away. His legal heirs, namely, defendants 2 to 4 were brought on record.

(3.) Defendants 2 to 4 have filed written statement resisting the suit contending that possession of the shop was not given. They have also questioned the jurisdiction of the Civil Court, in view of Tamil Public Premises (Eviction and Unauthorized Occupants) Act, 1975, (hereinafter, it may be referred to as 'Act No.1 of 1975').