RAMASAMY ALIAS SOLAIYAPILLAI Vs. VENGATACHALAM ALIAS KANAGARAJ

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 260 of 1991 on the file of Principal Subordinate Judge at Pondicherry is the appellant before this Court. The suit filed by him was to direct the defendant to vacate and hand over possession of the suit shop to the plaintiff and also for mesne profits at the rate of Rs. 300/- per month from My 1991 and also subsequent mesne profits from October 1991 till date of handing over possession and to award costs.

(2.) IN the plaint it is averred that the plaintiff is the owner of the property. The schedule premises is a portion of the building, which the plaintiff claims as belonging to him. It is the further case of the plaintiff that the defendant came into occupation of the same on the basis of some arrangement with his father and after the death of his father the defendant continued to pay the rent to the plaintiff at the rate of Rs. 300/- per month. He paid the rent till January 1990. When he did not pay the rent, the plaintiff made a demand, and at that time, the defendant denied the rental arrangement. IN the reply given to the plaintiff, the defendant has stated that there is no landlord and tenant relationship either with the plaintiff or with his father, and therefore, he is not liable to surrender possession to the plaintiff. The suit was therefore filed for the reliefs stated above.

(3.) IT is thereafter the present suit is filed, asking the defendant to surrender vacant possession. Before the suit was instituted a notice was issued on 24.6.1991. The first paragraph of the notice reads thus: "