P VIJAYA Vs. M SANTHANARAJ

JUDGEMENT

(1.) The defendants are the appellants in the second appeal.

(2.) The plaintiff filed the suit for declaration that the defendants are the tenants in respect of the suit property and for possession etc.

(3.) The case of the plaintiff was that the suit property belonged to one Parthasarathy Naidu. He build up a thatched hut and let it out to the first defendant on a monthly rent of Rs. 10/-. Thereafter, he filed R.C.O.P. No. 497 of 1979, for eviction. The first defendant, denied his title and the Rent Controller found that the denial was bona fide. But the first defendant did not deny the title of Parthasarathy Naidu to the land. On 12.3.1981, the plaintiff purchased the land from Parthasarathy Naidu. The plaintiff sent a notice calling upon the defendants to surrender vacant possession. Since they failed to do so, he filed the suit,