T NATARAJAN Vs. ABDUL RAHIM WAKF ESTATE

JUDGEMENT

(1.) This second appeal is focussed as against the judgment and decree dated 24.04.2000 passed in A. S. No.129 of 1999 by the learned District Judge, Trichy, in confirming the judgment and decree dated 08.03.1999 passed in O. S. No.1427 of 1979 by the learned District Munsif, Tiruchirappalli.

(2.) The parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) Broadly, but briefly, succinctly but narratively, the case of the plaintiff is that the pre-suit notice dated 24.01.1975 was issued by the plaintiff to the defendant calling upon him to vacate the suit property on the ground that the suit property was leased out to the defendant, but he unauthorisedly sub-leased it and also committed default in paying the rent. Since there was no positive response from the defendant, R. C. O. P. No.67 of 1977 was filed before the Rent Controller, Trichy, who by virtue of his order dated 19.04.1978, as found in Ex. B.1, the certified copy of it, dismissed the R. C. O. P, with the finding that only the plot was leased out to the defendant by the plaintiff and that only the landlord should file a civil suit before the competent Court. Whereupon, the plaintiff filed the suit in O. S. No.1427 of 1979 on the file of the District Munsif, Tiruchirappalli, seeking eviction setting out the aforesaid details, as against the deceased tenant Thangamani and his sub-tenants, D.2 and D.3. After the death of the said Thangamani, his legal representatives were added as D.4 to D.7.