M RAJA Vs. MANAKCHAND JAMATH

JUDGEMENT

(1.) THE sole defendant, who lost the case before the courts below is the appellant. The respondents 1 and 2 herein have filed the suit in O. S. No. 3023 of 1988 before the 12th Assistant City Civil Judge, Madras for eviction against the appellant herein, which was allowed, the appeal filed by him before the first appellate Court was also dismissed, hence the present second appeal.

(2.) FOR the sake of convenience, the parties shall hereinafter be referred to as they were arrayed before the trial court.

(3.) THE case of the plaintiffs is that they have purchased the suit property namely land in old Door No. 52, new Door No. 90 and 90/1, Syndenhams Road, Periamet, Madras - 3 comprised in RS No. 1264/15 measuring an extent of 2 grounds and 692 sq. ft. , under sale deed dated 25. 09. 1987, which was registered as document No. 1118/1987 on the file of Sub-registrar, Periamet. Soon after purchase, they have issued a notice, Ex. A3 dated 16. 11. 1987 calling upon the defendant to attorn tenancy in their favour. On receipt of the said notice, a reply was issued by the defendant under Ex. A4, dated 19. 11. 1987 stating that he is entitled to the benefits under the Tamil Nadu City Tenants Protection Act, hereinafter referred to as Act, as he constructed the existing superstructure in the suit property. The plaintiffs have issued another notice, Ex. A1 dated 01. 12. 1987 terminating the tenancy of the defendant ending with 31. 12. 1987 and called upon him to quit and deliver vacant possession. Thereafter, the said suit for ejectment was filed.