B SELVARAJ Vs. KAMAKSHI AMMAN DEVASTHANAM

JUDGEMENT

(1.) The defendant in the suit is the appellant herein.

(2.) The respondent/plaintiff viz.,Sri Kamakshi Amman Devasthanam (hereinafter referred to as the temple) filed the suit against the appellant/defendant for recovery of possession of a small plot of land adjoining the temple with the following averments: The defendant took the suit plot on lease from the temple on 1.7.1968 aggreeing to pay a rent of Rs.3.00per month and he put a superstructure with mud walls and thatched roofing for the purpose of using it as a cattle shed. He committed wilful default in the payment of rent and the temple issued a notice on 18.3.1974 calling upon the defendant to pay the arrears of rent and also vacate the premises. The defendant sent a reply disputing the correctness of the amount and sought protection under the Madras City Tenants Protection Act. The defendant is not entitled to any protection. Thereupon, the plaintiff sent a rejoinder on 1.5.1974 terminating the tenancy by 30.5.1975 and demanded vacant possession. The defendant did not comply with the same. Therefore the suit was filed for possession and for damages at the rate of Rs.50.00 per month.

(3.) The defendant/appellant contended in his written statement that there is no wilful default in payment of rent and that in any event, he is entitled to the benefits of the Madras City Tenants Protection Act. The defendant then filed an additional written statement wherein he contended that the plaintiff has no locus standi to file this suit since the office of Managing Trustee is in dispute.