MUTHAYYAN Vs. ROOPANARAYANA PILLAYAR DEVASWAM REP. BY ITS TRUSTEES, KUZHITHURAI, M. NEELAKANTA PILLAI, K. MUTHUKRISHNAN AND AYYAN PILLAI

JUDGEMENT

(1.) Defendant who lost his case in both the courts below is the appellant. The case of the plaintiff is as follows: -Plaintiff is a trust known as Roopanarayana Pillayar Devaswom, Kuzhithurai. The suit properties belong to the trust. The defendant was given right to collect the usufructs from the properties for one year. He committed default in payment of fee for two years and he has committed waste by cutting and removing a tree worth Rs. 1,000/ -. Though the period of licence was for one year, he continued the same by holding over and so, the suit is filed for recovery of possession and arrears of lease rent and damages.

(2.) The case of the defendant is as follows: - The defendant was regular in payment of lease rent without any arrears. He has also not committed any act of waste. His status as tenant has been declared in O.S 846 of 1971 and 402 of 1971. So, the suit is barred by 'res judicata'. The defendant is entitled to the benefits of Cultivating Tenants Protection Act.

(3.) The suit was tried by the Principal District Munsif, Kuzhithurai, and it was decreed.