HINDUSTAN PETROLEUM ORPORATION LIMITED Vs. GNANAMANI AMMAL CHATRAM

JUDGEMENT

(1.) Challenge in this second appeal is to the concurrent Judgments and decrees passed Original Suit No. 446 of 1994 by the Second Additional District Munsif Court, Tirunelveli and in Appeal Suit No. 32 of 2004 by the Principal Sub Court, Tirunelveli.

(2.) The respondents 1 to 4 herein as plaintiffs have instituted Original Suit No. 446 of 1994 on the file of the trial Court for the reliefs of recovery of possession, past and future mesne profits, wherein the present appellant and respondents 5 and 6 have been shown as defendants.

(3.) The epitome of the amended plaint is that the suit property absolutely belongs to Gnanamani Ammal Chatram and the same has been created by forefathers of K. Ayya Thaiyalnayagi Ammal and the said Chatram owns several properties and the same have been managed by sole hereditary trustee. One Devasenambal in the capacity of sole hereditary trustee has leased out the suit property to erstwhile ESSO with effect from 1.1.1969 as per registered lease agreement dated 18.2.1969. After the demise of Devasenambal, on 14.7.1972, the first plaintiff viz., K. Ayya Thaiyalnayagi Ammal has become sole hereditary trustee of all the properties of Gnanamani Ammal Chatram. The first plaintiff has not executed any fresh agreement in favour of the first defendant. The erstwhile ESSO has paid annual rent of Rs. 1,440/- to the first plaintiff. In the lease agreement dated 18.2.1969 there is a clause to increase rent. The first defendant is entitled to enjoy the suit property from 1.1.1969 to 31.12.1988 and even after 31.12.1988, the first defendant has been enjoying the suit property and failed to hand over possession of the same to the plaintiffs. On 1.1.1994, the first plaintiff has issued a notice and thereby terminated the tenancy right of the first defendant and directed to hand over possession of the suit property on first May 1994. The suit property situates in a busy locality and it will fetch a minimum monthly rent of Rs. 1,500/-. Under the said circumstances, the present suit has been instituted for the reliefs sought for therein.