A PANDURANGAN Vs. MALAYALAM KRISHNAIER CHATRAM VEDAPADASALA

JUDGEMENT

(1.) THIS second appeal has been preferred by the defendant in O. S. No. 157 of 1999 on the file of the Second Additional Sub Judge, Madurai confirmed in appeal in A. S. No. 171 of 2004 on the file of the Principal District Judge, madurai.

(2.) THE respondent herein laid the suit against the appellant for a judgment and decree directing the appellant to hand over peaceful possession of the suit property to the respondent and to pay damages for use and occupation from July 1994 onwards and till delivery of possession. According to the respondent, the suit property belongs to the Malayalam Krishnaiyer Chatram vedapadasala etc. , Charities and the suit property was given to the employees of the trust for their residence. The appellant was an employee of the respondent and as the service of the appellant was terminated, the respondent called upon the appellant to vacate the property and as he failed to comply with the request, the respondent filed the suit before the trial Court for recovery of possession.

(3.) THE appellant filed written statement and contested the matter. According to the appellant, the suit property is a Thoppu, in which more than 45 families are residing on the basis of valid lease and the appellant is one among them and he is a tenant in possession of the property for more than 20 years and he built the house in the suit property and is residing there and he has also been paying rent regularly. It is the further case of the appellant that he was working under the respondent during the year 1982-1984 and his service was terminated subsequently, which made him to raise a dispute in I. D. No. 36 of 1993. It is also his contention that though he tendered the rent to the respondent, the respondent refused to receive the same and as such, the rent happened to be arrears.