M.BABU Vs. THE CHENNAPURI ANNADANA SAMAJAM (REGD)

JUDGEMENT

(1.) The first defendant in a suit for recovery of possession is the appellant. Both the courts concurrently found against the appellant and granted the decree in favour of the plaintiff Trust. The second and third defendants remained exparte before both the courts. The present appeal is listed before me at the 'Adjourned Admission' stage.

(2.) The case of the plaintiff in short is as follows: - The plaintiff is one of the philanthropic institution at Chennai, which is now more than 100 years old. Its objects are to feed the poor without distinction of caste or creed; to establish minor industries for such poor; to establish educational institutions for the poor and to establish permanent poor houses and orphanages. The subject matter property belongs to the Trust and the same was let out to the first defendant for the specific purpose of residential accommodation only. However he made unauthorised structural alteration to the building and damaged the same without the plaintiff's consent and put up two additional rooms, one on the eastern side and another on the northern side on the front side of the building and sublet those constructed portions to the second defendant and is collecting rent from him, thereby making illegal gains out of the property belonging to the plaintiff's Trust. The first defendant is liable to pay interest at the rate of Rs.4500/ - per month towards damages for use and occupation from 01.05.2009.

(3.) The first defendant contested the said suit. It is his case that at the time of letting out the subject matter property, only 300 sq.ft. of constructed area was there out of 1200 sq.ft. of land and the remaining constructions were put up by the defendant with the consent of the plaintiff Trust. A Rent Control Proceedings was initiated by the first defendant under section 8(5) of the Tamilnadu Buildings (Lease and Rent Control) Act which was subsequently terminated as parties entered into a compromise.