SRI ARUNACHALESWARASWAMY TEMPLE, VALANGAIMAN Vs. M. SWAMINATHAN

JUDGEMENT

(1.) Plaintiff in O S. No. 460 of 1979, on the file of the District Munsif's Court, Valangaiman at Kumbakonam is the appellant herein.

(2.) Suit filed by the appellant was one for recovery of possession, with past and future rents

(3.) The schedule property belongs to the plaintiff. It is situated in Resurvey Number 710/2 having n extent of 29 cents. Defendant took the same on rent and agreed to pay Re. 1.00 per month for putting up a thatched shed for tailoring shop Now, it is alleged, the defendant has put up a pucca building in the said property without the consent and knowledge of the plaintiff-Temple. The defendant is a tailor. He is not entitled to the benefits of Tamil Nadu Act 40 of 1971 or its amended Acts. Defendant is bound to deliver possession of the site after removing the superstructure put up by him, at his cost. The tenance was terminated in accordance with law. Inspite of demands the defendant did not surrender possession and, therefore, the suit was filed.