K SUBRAMANIAM Vs. S RAJA

JUDGEMENT

(1.) THIS second appeal is focussed by the original defendant, animadverting upon the judgment and decree dated 30.09.2008 passed in A.S.No.58 of 2008 by the Subordinate Judge, Coimbatore, confirming the judgment and decree of the trial Court, namely, II Additional District Munsif, Coimbatore in O.S.No.480 of 2005. For convenience sake, the parties are referred to hereunder according to their litigative status before the trial Court.

(2.) THE respondent/plaintiff filed the suit for obtaining delivery of possession of the suit property and for recovery of arrears of rent, on the ground that the plaintiff is the owner of the suit property, wherein the defendant was inducted as a tenant for carrying on his timber business for a period of three years on monthly rental basis. Lastly the lease was renewed for a period of eleven months, vide the lease agreement dated 19.09.2001. According to the plaintiff, there were arrears in payment of rent by the defendant which necessitated the lessor to issue notice under Section 106 of the Transfer of Property Act terminating the tenancy.

(3.) ULTIMATELY, the trial Court decreed the suit, as against which first appeal was filed, for nothing but to be dismissed by the appellate Court, confirming the judgment of the lower Court. Being disconcerted and aggrieved by the judgments of both the Courts below, this Second Appeal is focussed on various grounds and in the memorandum of appeal, the following proposed substantial questions of law are found suggested: