THOLLA RAJAGOPAL CHETTIAR TRUST Vs. D AYYAVU

JUDGEMENT

(1.) THE appellants herein, who lost the case before the Courts below for the relief of recovery of possession of the suit schedule property, for recovery of arrears of rent for 3 years prior to the filing of suit and for damages for use and occupation from 1. 4. 1981 till delivery of possession of the suit property, have filed the present Second Appeal.

(2.) THE case of the appellant/plaintiff is that it is a public religious charitable and educational Trust and owner of the suit property, a vacant site. The deceased defendant/first respondent was a watchman of the Trust and the suit property was let out to him for a nominal rent of Rs. 5/- per month and he was not regular in paying the rent and committed default from 1. 4. 1976 onwards. By notice dated 25. 2. 1981, the tenancy of the defendant was terminated, which was acknowledged by the defendant on 4. 3. 1981. Which was acknowledged by the defendant on 4. 3. 1981. Since the defendant failed to deliver the suit property and pay the arrears of rent, the suit was filed.

(3.) THE defendant filed written statement denying all the averments made in the plaint by inter alia contending that he took the vacant site on lease long before 1955, but not the super structure and he has been in possession and enjoyment of the property. The defendant under the terms of oral agreement put up constructions and door number 23-B was assigned to the house. He has been paying property tax and municipal tax as the owner of the building. Therefore, he is entitled to the benefits of Tamil Nadu City Tenants Protection Act to purchase the site