K N RAMASWAMI Vs. G S SUBRAMANIAN IYER

JUDGEMENT

(1.) PLAINTIFF who succeeded in the trial Court and failed in the first appellate court is the appellant.

(2.) THE plaintiff filed the suit for ejectment and for recovery of arrears of rent. THE plaintiff is the owner of the suit property. THE defendants took the vacant site on lease from the plaintiffs for the purpose of running tea shop by putting up superstructure in the suit site. Defendants 1 and 2 paid rent upto 30.6.1969 on a monthly rent of Rs.80 per month. THEreafter, they did not pay any rent. Defendants 1 and 2 sub-let the premises to defendants 3 to 5. THE plaintiffs terminated the tenancy with effect from 7.12.1972. THE defendants are attempting to remove the temporary shed and put up a construction. THE defendants also trespassed into schedule property. THEy are liable to pay arrears of Rs.2,880.

(3.) ON appeal, the first appellate court set aside the judgment and decree of the trial court by allowing the appeal holding that as per Sec.3 of the City Tenants" Protection Act, all the pending proceedings had become abated as the City Tenant's Protection Act was extended to the jurisdiction where the suit property lies during the pendency of that suit and so, the suit itself is not maintainable.