G. JEYACHANDRAN Vs. RADHA

JUDGEMENT

(1.) THE defendant in O.S. 352 of 2010 on the file of the learned Subordinate Judge, Poonamallee is the appellant herein. The Respondent is the plaintiff in the suit. The said suit was filed for recovery of possession and for damages to the tune of Rs. 42,560/ - for use and occupation of the building for the period between July 2010 and October 2010 and also for future damages at the rate of Rs. 1000/ - per day. The trial court, by decree and judgment dated 15.07.2013 decreed the suit for recovery of possession and also, decreed the suit for damages at the rate of Rs. 500/ - per day. The trial court, however, dismissed the claim of Rs. 42,560/ - towards arrears of rent for the period between July 2010 and October 2010. As against the same, the defendant filed an appeal in A.S. No. 48 of 2013 on the file of the learned Principal District Judge, Tiruvallur. By decree and judgment dated 28.08.2014, the learned Principal District Judge, Tiruvallur dismissed the appeal, thereby confirming the decree and judgment of the trial court. As against the same, the defendant is before this Court with this second appeal.

(2.) THE case of the plaintiff is as follows:

(3.) BASED on the above pleadings, the trial court framed appropriate issues. On the side of the plaintiff, she was examined as PW. 1 and as many as 2 documents were exhibited, namely, a legal notice issued on 09.10.2010 and the returned cover with acknowledgment due, returned by the postal authorities. This notice, dated 09.10.2010 is a termination notice issued under Section 106 of the Transfer of Property Act. On the side of the defendant, the defendant himself was examined as DW1 and as many as 3 documents were exhibited. Ex. B1 is the letter sent by the plaintiff's husband to the defendant and Ex. B2 is the Advocate notice issued by the defendant's counsel to the plaintiff. Ex. B3 is the acknowledgment card. Considering all the above, the trial court partly decreed the suit and the same was confirmed by the lower appellate court. That is how, the appellant is before this Court with this Second Appeal.