LAWS(MAD)-2018-2-633

KALIYAPERUMAL Vs. SENTHILVEL

Decided On February 21, 2018
KALIYAPERUMAL Appellant
V/S
Senthilvel Respondents

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and Decree passed by the learned Subordinate Judge, Thiruchendur, in A.S.No.225 of 2017, dated 06.11.2017 confirming the Judgment passed by the learned District Munsif, Sathankulam, Thoothukudi District, in O.S.No.64 of 2012, dated 29.01.2015.

(2.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

(3.) The defendant in the Suit for ejectment is the appellant in this case. Admittedly, the plaintiff, namely, the respondent filed the Suit to direct the defendant to vacate the suit property, to hand over the possession to the plaintiff and for recovery of a sum of Rs.3,250/- towards arrears of rent and also for mesne profits. It is not in dispute that the plaintiff has purchased the suit property which was in the enjoyment of the defendant as tenant. The defendant himself admitted that he is a tenant in respect of the suit property and the suit property is a shop portion in which he is carrying on business. Normally, the lease in respect of a building is governed by the Tamil Nadu Buildings(Lease and Rent Control) Act. Since the Act is not extended to non municipal areas, the Suit came to be filed.