BALU Vs. RADHAKRISHNAN AND ORS.

JUDGEMENT

(1.) THE defendant in O.S. No. 660 of 2000 on the file of the III Additional District Munsif, Pondicherry is the appellant herein. The suit was originally filed by one Mr. Radhakrishnan. The suit is for recovery of possession; for recovery of a sum of Rs. 5000/ - towards rental arrears and for a direction to pay damages at the rate of Rs. 4000/ - per month for use and occupation of the suit property from the month of September 2000.

(2.) THE trial Court, by decree and judgment dated 8.9.2005 decreed the suit in part, thereby granting decree for recovery of possession and also for payment of damages at the rate of Rs. 400/ - per month for use and occupation from the month of September 2000 and dismissed the suit in respect of the claim for arrears of rent of Rs. 5000/ -. As against the same, the appellant/defendant filed an appeal in A.S. No. 1 of 2005. During the pendency of the appeal, the sole plaintiff Mr. Radhakrishnan died, in whose place, the respondents herein were impleaded as his legal representatives.

(3.) CHALLENGING the said decree and judgment of the lower appellate Court, the appellant/defendant is before this Court, by way of second appeal.