P ABDUL MAJID Vs. PERIATHAMBI ALIAS MOHAMMED SULTAN

JUDGEMENT

(1.) THIS second appeal arises out of the Judgment in A.S.No.10 of 1993 reversing the Judgment of the trial Court and dismissing the Plaintiffs' suit for declaration and possession.

(2.) CASE of the first Plaintiff is that the first Defendant had become a Tenant under her agreeing to pay monthly rent of Rs.75/-. Alleging default in payment of rent from April, 1986, and subletting to Defendants 2 and 3, Plaintiffs filed suit for declaration and possession of the building in the Suit Property.

(3.) THE lower Appellate Court took the view that schedule of Ex.A-1 - Sale Deed and the plaint schedule property are one and the same and held that the Plaintiffs would be entitled to declaration of possession as prayed for. THE lower Appellate Court further held that the first Defendant has not discharged the burden cast upon him in proving that he has surrendered possession of tenement to the Plaintiff and on those findings, allowed the appeal.