M ANANDAN Vs. A DAKSHINAMOORTHY

JUDGEMENT

(1.) THE defendants have preferred the present Appeal challenging the judgment and decree dated 14.11.1994 made in O.S. No.396 of 1987 on the file of the Court of the Subordinate Judge, Arni.

(2.) THE respondent herein filed the Suit seeking for a decree directing the defendants to pay the Suit Claim of Rs.41,192.50 with subsequent interest and costs.THE case of the plaintiff is that he leased out his rice mill to the defendants on a monthly lease of Rs.5,100/- and the tenancy, which was oral, commenced from 18.1.1985 onwards and an advance amount of Rs.20,000/- was paid by the defendants to the plaintiff at the time of tenancy and the defendants were carrying on rice business in the rice mill of the plaintiff and suddenly on 3.10.1987 they left the rice mill without informing anything to the plaintiff. According to the plaintiff, the defendants have not paid the monthly lease amount from 18.1.1985 to 3.10.1985 and a sum of Rs.43,350/- is due by the defendants by way of rent for 8 1/2 months period and the plaintiff has adjusted the advance amount of Rs.20,000/- and the defendants owe rental arrears of Rs.23,350/- to the plaintiff. It is further stated by the plaintiff that the defendants, at the time of vacating the premises, have taken the rice mill materials to the value of Rs.5,000/- with them and they are liable to pay the said sum also to the plaintiff. It is the further case of the plaintiff that the defendants using the name of the plaintiff have purchased gunny bags from one M. Ramasamy Mudaliar and Sons, Coimbatore, and they have not cleared that amount and the plaintiff has paid the said sum to Ramasami Mudaliar and Sons and he is entitled to recover the said sum also from the defendants and in spite of repeated demands made by the plaintiff, the defendants have not paid the above said sums and the plaintiff issued lawyer's notice on 23.10.1985 and 19.3.1986 and the defendants sent reply containing false and frivolous allegations and hence, the Suit.

(3.) THE Trial Court framed nine issues and the plaintiff examined himself as P.W.1 and examined P.W.2 and marked Exs.A1 to A43 on his side and the first defendant examined himself as D.W.1 and examined D.W.2 and marked Exs.B1 to B3 on their side. THE Trial Court, on a consideration of oral and documentary evidence, held that the plaintiff is entitled to a sum of Rs.23,350/- towards rental arrears a sum of Rs.5,000/-towards the value of missing materials and a sum of Rs.3,500/- towards the value of gunny bags in total a sum of Rs.31,850/- from the defendants and granted decree for that sum with subsequent interest and it further held that the defendants are not entitled to the counter-claim and dismissed the counter-claim. Aggrieved by the decree granted to the plaintiff for recovery of Rs.31,850/- with subsequent interest, the defendants have preferred the present Appeal and no Appeal is preferred by them against the dismissal of their counter-claim. For the sake of convenience, in this judgment, the parties re referred to as arrayed in the Suit.