PALANISELVI Vs. NACHIAPPA CHETTIAR

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 19. 01. 2007 in A. S. No. 12 of 2006 whereby the learned Subordinate Judge, devakkottai confirmed the judgment and decree dated 11. 04. 2005 in O. S. No. 245 of 2004 on the file of the Additional District Munsif Court, Karaikudi.

(2.) THE respondents herein instituted O. S. No. 245 of 2004 for delivery of possession of the suit property. According to the respondents, the building was leased out to the appellant as per lease agreement dated 01. 05. 2003. Since the appellant did not act as per the terms of lease and as they require the property for their bona fide need, they issued a notice to the appellant terminating the tenancy and since the appellant failed to comply with their request to surrender the property, they have laid the suit for delivery of possession.

(3.) THE appellant resisted the suit on the ground that her husband alone is the tenant in respect of the property and there is no surrender of lease made by her husband in favour of the respondents and as such, the lease agreement dated 01. 05. 2003 cannot be acted upon. In short, the main contention appears to be that it is only the husband of the appellant who is in possession of the property as a tenant and as such, there is nothing to be recovered from the appellant.