E N DURAI Vs. PONNAMMAL

JUDGEMENT

(1.) The plaintiff in the suit is the appellant herein and the defendant in the suit is the first respondent herein. During the pendancy of the second appeal the first respondent died and the legal heir of the first respondent was impleaded as the second respondent herein. For the sake of convenience, the appellant and the respondents will be hereinafter referred to as per their rank in the suit.

(2.) The plaintiff filed a suit in O.S.No.2231 of 1994 seeking ejection of the defendant from the suit property and to deliver vacant possession thereof to the plaintiff and for direction to the defendant to pay a sum of Rs.3,000/- towards arrears of rent.

(3.) The sum and substance of the plaint averments are as follows: The suit schedule property was originally purchased by one Nataraja Chettiar/ plaintiff's father as per the sale deed dated 08.01961. During his lifetime, in the year 1974, the defendant took the property on lease for residential purpose on an oral agreement for a monthly rent of Rs.25/- without any advance. The tenancy was as per the English Calendar month, rent payable on the first of every succeeding English Calendar month. The rent was gradually raised and lastly the defendant was paying Rs.150/- per month. The electricity charges was paid directly by the defendant along with house tax for prompt and convenient payment.