VEERAKUDI VELLALA Vs. M KRISHNAN

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 2. 2. 1994 passed in A. S. No. 64 of 1990 on the file of the Subordinate Court, Kancheepuram reversing the Judgment and decree in O. S. No. 12 of 1994, dated 5. 11. 1990 on the file of the District Munsif Court, Kancheepuram, the plaintiffs have filed the above second appeal.

(2.) THE averments made in the plaint are as follows: the plaintiffs were appointed as Trustees of Veerakodi Vellalar Charities at Kancheepuram by order dated 30. 4. 1983 for a period of three years from 30. 4. 1983. As per resolution dated 25. 5. 1983, the plaintiffs 1 to 3 were elected as Managing Trustee, Secretary and Treasurer respectively. The previous trustee leased out the choultry, which is the suit property, to the first defendant for running a military hotel for rent at Rs. 150/- p. m. , for a period of ten years. As the trustee is not empowered to lease the property for such a long period, such lease becomes invalid and therefore, a resolution dated 26. 5. 1983 was passed to evict the first defendant. Further, the suit property is in a dilapidated condition and hence, it requires reconstruction. Without any authorisation, the first defendant sub-leased the front portion facing Kamaraj Street to the second defendant and has been collecting a rent of Rs. 12/ -. When the same was questioned by the plaintiffs, the defendants questioned the title of the plaintiffs and claimed that the suit property belongs to Municipality. To the notice, dated 18. 7. 1983, issued by the plaintiffs terminating the tenancy, since the reply given by the defendants with only false and untenable allegations, the plaintiffs have filed the above said suit.

(3.) DENYING the averments made in the plaint, the first defendant filed a written statement and prayed for dismissal of the suit.