FOOD CORPORATION OF INDIA Vs. THIRUVALANGADU AGRICULTURAL SERVICE CO OPERATIVE SOCIETY LIMITED THIRUVALANGADU TANJAVUR

JUDGEMENT

(1.) THE defendant, who has been unsuccessful before the two courts below, is the appellant. The respondent herein is the owner of the suit property, which consists of two godowns and adjacent land, instituted the suit praying for judgment and decree directing the defendant to vacate the suit property after removing the additional unauthorised constructions put up by the defendant and put the plaintiff in possession of the suit property. The ownership of the suit property is not being disputed. It is also admitted that the defendant was inducted as a tenant in the suit property. The defendant had raised controversy in the suit claiming that the tenancy is for agricultural purpose, it is an annual lease and hence the notice of termination issued by the plaintiff is invalid and hence the suit is not maintainable.

(2.) IN this appeal this Court has to decide, as to whether the concurrent findings of the two courts below holding that there has been a valid notice of termination and the decree passed on that basis is valid or not?

(3.) THE appellant herein as defendant filed a written statement contending that the notice to quit is neither proper nor valid as the lease being annual. The appellant also contended that the rent has been fixed and was being paid annually, that it had constructed two godowns at its own costs and the defendant is not liable to be evicted and that it is not true to say that the defendant had undertaken to remove the buildings at the time of vacating the property.