BHARGAVIAMMAL Vs. PERIA MARIAMMAN

JUDGEMENT

(1.) The appellants who are the defendants 4 to 10 in the suit filed this second appeal as against the judgment and decree dated 29.06.2000 made in A.S. No. 4 of 2000 on the file of II Additional District Court, Erode, reversing the judgment and decree dated 30.11.1999 made in O.S. No. 1168 of 1981 on the file of Principal District Munsif Court, Erode. For the sake of convenience, the defendants 4 to 10 in the suit are referred as appellants, the plaintiff in the suit is referred as first respondent and the third defendant in the suit referred as 2nd respondent in this second appeal.

(2.) The first respondent/plaintiff filed a suit for recovery of possession and for arrears of rent. Briefly, the case of the first respondent is that the suit property is owned by the first respondent Devasthanam. The deceased sole defendant, namely Kesavan Nambiar, was a tenant under the first respondent in respect of suit property. The monthly rent originally fixed as Rs. 70/- and later increased periodically as Rs. 150/-, Rs. 182/- and lastly fixed as Rs. 214/- from 01.01.1997 onwards. Since the vacant site was required for expansion of first respondent's temple madapalli and also the deceased first defendant has not paid the arrears of rent, the first respondent issued notice on 03.06.1978, demanded the arrears of rent and also seeking for possession. The deceased first defendant received the notice and sent a reply on 29.06.1978 annexed with a cheque for Rs. 1500/- towards arrears of rent. The first respondent sent a rejoinder on 08.07.1978. Since the deceased first defendant has not agreed to give possession and pay the arrears of rent, the first respondent issued termination notice terminating the tenancy from 31.12.1978. The deceased first defendant liable to pay the arrears of rent as on 31.12.1978 and the damages for use and occupation at the rate of Rs. 214/- per month from 31.12.1978 till date of delivery of possession. Hence, the suit filed against the deceased first defendant.

(3.) During the pendency of the suit, the above said first defendant was died and the legal heirs were impleaded as defendants 2 and 3. Later, the second defendant also died and hence, the appellants who are defendants 4 to 10 and second respondent who is 3rd defendant impleaded as legal heirs.