A SANKAR Vs. ARULMIGHU ANGALAPA RAMESWARI

JUDGEMENT

(1.) THIS second appeal is focussed by the defendant, animadverting upon the judgment and decree dated 27-10-2005 passed by the, learned Additional District judge, Fast Track Court No. 2, Chennai in A. S. No. 406 of 2004 confirming the judgment and decree dated 30-6-2004 passed by the learned I Assistant Judge, City Civil court, Chennai in O. S. No. 5203 of 1997, which was one for eviction of the defendant from the suit property; payment of arrears of past rent and also damages for use and occupation till delivery of possession of the suit property by the defendant. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) THE respondent/plaintiff herein filed the suit as against the defendant/appellant seeking the following main reliefs :- directing the defendant to quit and deliver vacant possession of the schedule mentioned property herein to the plaintiff.- to pay a sum of Rs. 3,492/- being the arrears of rent from 1st February 1994 to 31-1-1997.- to pay damages at the rate of Rs. 97/-per month from the date of termination, i. e. to the date of handing over possession. Whereas the defendant entered appearance and filed the written statement resisting the suit on various grounds including the one that as per Section 11 of the City Tenants protection Act termination notice was not given and that the notice issued under section 106 of the Transfer of Property Act was inadequate. The trial Court framed the relevant issues.

(3.) DURING trial, one Mr. Balasubramanian was examined as P. W. 1, and Exs. A1 to A3 were marked. On the defendant's side, no one was examined and no document was also marked.