M.K.KAJA MOHIDEEN Vs. DWADASI ANNADHANA DHARMAKATTALAI

JUDGEMENT

(1.) The defendant, who lost the legal battle in both the Courts below, has filed the second appeal to set aside the judgment and decree dated 25.01.2006 passed by the Additional Sub Judge, Tenkasi in A.S.No.95 of 2005, confirming the judgment and decree dated 15.03.2005 passed by the Additional District Munsif, Tenkasi in O.S.No.305 of 2004.

(2.) The respondent, as plaintiff, filed a suit for recovery of possession and recovery of rent arrears amount and claiming damages for use and occupation and costs stating that the property is belonging to the respondent/plaintiff and the defendant/appellant entered into a rental agreement from 01.07.1998 to 30.06.2001 for a period of three years fixing the monthly rent as Rs.613/ - per month and that has been enhanced once in three years by 33.3% and accordingly, as on 30.06.2001, the defendant has to pay a sum of Rs.16,998/ - as arrears. Even though, the plaintiff sent demand notice, the defendant has not paid the same and second notice has also been issued. On receipt of the same, the defendant sent a reply notice, not accepting the enhanced rent. As on 31.12.2002, the arrears is Rs.31,514/ -. Since, the defendant was in default of payment, the plaintiff sent termination notice. Even though, the defendant sent a reply, neither he handed over the possession nor paid the rent arrears, the plaintiff has constrained to file the suit.

(3.) The appellant, as defendant, contesting the same, stating that the plaintiff has to prove that the defendant is a public Trust and without his knowledge, the rent has been enhanced and he has no rent arrears and proper reply has been given and the plaintiff is not entitled rent arrears for more than three years and he is not entitled damages for use and occupation and prayed for dismissal of the suit.