A ROSALINE Vs. CHURCH OF SOUTH INDIA

JUDGEMENT

(1.) These three appeals are directed against the common judgment of the first appellate court passed in AS 12/2005, AS 11/2005 and in the cross objection filed in AS 11 of 2005.

(2.) The appellants who are in occupation of the suit premises, when tried to put new construction in the area shown as ABCDEF in the suit plan attached to OS 52/ 1997, it was objected by CSI , Vellore Diocese on the ground that the property is owned by the diocese and let out to one Joseph long back for a rent of Rs 15/- considering his service to the church. After his demise his son Chandrasekaran continue to occupy the premises and was paying rent till June 1985. Later he defaulted in payment of rent and also subsequently died.

(3.) The appellants who are now in occupation liable to vacate the premises and hand over the vacant possession. Instead, without any right or permission from the land lord they started puting up additional construction in the land adjustant to the house rented. Hence suit in OS 52/1997 for declaration of title, consequential relief of possession and mandatory injunction to demolition the unlaw construction newly put up in the portion marked as ABCDEF in the suit plan and for damages for use and occupation at the rate of Rs. 250/- pm.