S RANGANATHAN Vs. S VENKATESAN

JUDGEMENT

(1.) The plaintiff/ respon-dent, who is the owner of a lodging house at Coimbatore, has filed O.S. No. 358 of 1982 on the file of the Sub Court, Coimbatore, seeking the following reliefs: (a) For eviction of the tenant/ defendant/ appellant and for delivery of possession; and (b) For future mesne profits fromthe date of suit viz., 2-6-1982. The trial court decreed the suit as prayed for, against which the defendant has filed the present appeal.

(2.) The case of the respondent/ plaintiff is as follows: The plaintiff purchased the suit properties by a registered sale deed dated 13-11-1972. In 1978 he converted the building as a lodging house and has put up 24 lodging rooms in the three storey building viz., eight rooms in the first floor, eight rooms in the second floor and eight rooms in the third floor. Six out of 24 rooms were double rooms with bath attached. There was an office room in the ground floor and one room for the use of Dhobi on the terrace.

(3.) There were almirahs, electric fittings and electric connections in each of the rooms. There is one bore well and over-head tank installed. An one H.P. motor is connected to the municipal water pipe and one three H. P. motor has been attached to the bore well to lift the water to over-head tank in the terrace. The defendant was put in possession of the suit properties for a period of three years by virtue of a lease agreement which is unregistered, on 1-4-1979. According to the plaintiff, the lease came to an end by efflux of time on 31-3-1982. The plaintiff, on the expiry of the lease, issued a notice dated 14-5-1982 calling upon the defendant to quit and deliver vacant possession on or before 31-5-1982. As the defendant did not comply with the said demand, the suit was filed.