(1.) THE plaintiff/respondent, 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 for delivery of possession, and(b) For future mesne profits from the 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.) THE defendant would submit that the building was not exempt from the provisions of Sec.30(1) of the Act under Sec.30(iii) of the Act. THE case of the plaintiff that it was a composite lease is belied not only from the lease agreement Ex.A-5, which does not show any indication that the lease in question was a composite lease, but on various other documents marked. Even the notice to quit Ex.A-7 does in no manner indicate that the lease was a composite lease. Further, the plaintiff not having complied with the requirement of Sec.30(1) of the Act by notifying the local authorities within five years from the date of completion of the building he could not claim the benefit of exemption under Sec.30(iii) of the Act. THE defendant also strongly denied the existence of any partnership or association between himself and the plaintiff and submits that there was no proof whatsoever for such a case.