VIJAYALAKSHMI Vs. KOWDHIYA SANGAM

JUDGEMENT

(1.) THE appellant is the defendant in the suit and respondent in the first appeal before the lower appellate court.

(2.) THE respondent/plaintiff filed the suit for ejectment of the defendant from the suit premises and in the trial court, the suit was dismissed by the learned Principal District Munsif, Nagapattinam on 20. 9. 1990. Aggrieved by the said judgment and decree, the plaintiff preferred the appeal before the Subordinate Judge, Nagapattinam in A. S. No. 48 of 1991 and the learned Subordinate Judge had, in turn, having analysed the recorded evidence and after hearing both sides, allowed the appeal by setting aside the judgment and decree passed by the trial court. Hence, the defendant who lost before the first appellate court has preferred the above Second Appeal.

(3.) ON the basis of the above pleadings the following issues were framed by the trial court:- (1) Whether the Secretary of the plaintiff's Association has been duly authorised to file the suit" (2) Whether the plaintiff's association is exempted from the provisions of Tamil Nadu Act 18 of 1960" (3) Whether the notice to quit is valid in law" (4) Whether the defendant committed wilful default in the payment of rent" (5) Whether the plaintiff is entitled to the relief as prayed for" (6) To what relief, the plaintiff is entitled to"