DHANASEKAR Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The defendant in suit in O.S.No.174 of 2000 on the file of the Additional District Munsif, Nagercoil, is the appellant. The suit in O.S.No.174 of 2000 had been filed by respondent herein, namely Kannanputhoor Hindu Vellala Samudaya Arulmigu Rama Vinayagar Ponnayiramudaya Kantan Sastha Temple Trust, against the appellant, V.Boothanatha Pillai, seeking a decree for recovery of possession of plaint schedule property and recovery of Rs. 120/- together with interest and a decree for recovery of future mesne profits and for costs.

(2.) The suit property was 3 cents of vacant land in O.S.No.1463/78 and R.S.No.413/17, 18 in Shenbaramanputhoor Village in Thovalai Taluk, Kanyakumari District. According to the plaintiff, the property belongs to the plaintiff Trust. The defendant took it on licence for thrashing harvested paddy crop and storing hay-stock. The licence fees was 6 marakkals of paddy to be paid in equal halves in the kanni and kumbom crops. Susequently, it was increased to 10 marakkals of paddy payable in equal halves as above. It had been stated that the defendant did not pay the licence fee for 01.01.1975 M.E., kanni crop. Consequently, the licence was terminated w.e.f., 03.01.2000. Notice was sent by registered post on 03.01.2000. A reply was received on 06.01.2000. It is under these circumstances that the suit was filed.

(3.) In the written statement, the defendant claimed that he spent money and labour to level the land. He also stated that the suit is not maintainable. He also stated that HR & CE Department should be a party. He also stated that he took the property for lease in the year 1979. He denied, he was a licensee. He therefore, stated that the suit has to be dismissed as not maintainable.