D SIMPSON Vs. K GOPINATHAN NAIR

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.5 of 2012 on the file of the learned District Judge, Kanyakumari District at Nagercoil, is the appellant in A.S.No.45 of 2018 and the second defendant in the suit in O.S.No.120 of on the file of the learned District Judge, Kanyakumari District at Nagercoil, is the appellant in A.S.No.46 of 2018. The plaintiff in the suit in O.S.No.5 of 2012 is the second defendant in the suit in O.S.No.120 of 2012 and the appellant in both appeals.

(2.) The first respondent in A.S.No.46 of 2018 originally filed a suit in O.S.No.219 of 2010 before the learned Principal District Munsif, Padmanabhapuram, and the said suit was transferred to the District Court, Nagercoil, for joint trial and renumbered as O.S.No.120 of 2012 by the District Court, Nagercoil.

(3.) The suit in O.S.No.120 of 2012 was filed for recovery of vacant possession from the defendants and for mesne profits and for other consequential reliefs. In the plaint, it is stated that the first plaintiff namely, K.Gopinathan Nair, is the owner of the suit property and the first defendant in the suit namely, V.K.Mathusoodhanan approached him to get the suit property on lease for running a Hospital during September, 2007. It is further stated that the lease agreement was entered into between the plaintiff and the first defendant in the suit and the first defendant was running a Hospital in the name of "Moorthy Nursing Home".