TOURIST HOME PVT LTD Vs. A MUTHUKRISHNAN

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 02.12.2004, made in A.S.No.223 of 2002, on the file of the II Additional Judge (Incharge of III Addl. Judge) City Civil Court at Chennai, reversing the judgment and decree, dated 30.04.2002, made in O.S.No.9046 of 1995, on the file of the VIII Assistant Judge, City Civil Court, Chennai.

(2.) FOR the sake of convenience the parties in the appeal are referred to as they have been arrayed in the suit in O.S.No.9046 of 1995.

(3.) IN the written statement filed on behalf of the first defendant, it has been stated that the first defendant had taken the suit property on lease for a monthly rent of Rs.12,500/- by a lease agreement, dated 01.04.1970. The lease agreement was for running the business of boarding and lodging and the restaurant with the necessary licences, furniture, buildings, cooking utensils and equipments, and gas connection etc. The licences are in the name of the second plaintiff. The first plaintiff firm had been established in the year 1970 for running a restaurant. According to the lease agreement, dated 01.04.1970, the restaurant had been given on lease to the first defendant. Since then the first defendant has been carrying on the business. With the permission and approval of the first plaintiff, the first defendant had entered into a lease agreement, with the second defendant, permitting the second defendant to run the restaurant. The second defendant had taken the suit property on lease with the running business, along with the actual furniture, equipments, etc. IN the registered lease agreement between the first and second defendants, the second plaintiff has signed as a witness. Subsequently, the lease agreement between the first and second defendants had expired.