RAMASAMY GOUNDER Vs. RANGASAMY THEVAR

JUDGEMENT

(1.) Defendant in O.S. No. 153 of 1984, on the file of Sub Court, Tiruppur, is the appellant. After the Appeal was filed, the sole respondent died, and his legal representatives have been impleaded as additional respondents 2 and 3. Suit filed by the deceased respondent was one for declaration of title, recovery of possession and also for recovery of arrears of rent with future mesne profits.

(2.) It is the case of the respondent that the property originally belonged to D.W.2 in the case, i.e., Nagaraja Iyengar His assets were taken over by the Official Receiver, and the same were sold as per Ex.A -1, to the respondent. At the time when the property was sold, appellant herein was the tenant. According to respondent, after the sale in his favour, he is entitled to collect the rent and since the appellant denied the title, the suit was filed for declaration of title and recovery of possession with arrears of rent, and also for future mesne profits.

(3.) It is the case of the appellant that the property belonged to Nagaraja Iyengar and he has been paying rent to him. Even after the so called sale by the official Receiver, rent was being collected by D.W.2. According to him, Nagaraja Iyengar still continues to be the owner and, therefore he is not liable to pay rent. In the suit, there was one more defendant. Though relief was claimed against him, during trial, second defendant vacated the premises and, therefore, it was submitted before that Court that no relief need be granted against him.