NEXT LINK PVT. LTD. Vs. N.RAMACHANDRAN

JUDGEMENT

(1.) The appeal suit on hand is filed to set aside the judgment and decree dated 07.07.2011, passed in 0.S.No.7487 of 2010.

(2.) The defendant in the suit is the appellant before this Court. The contention of the plaintiff/respondent are that the plaintiffs are the joint owners of a portion in the first floor of premises bearing door No.626 (old No.501), JVL Plaza, Anna Salai, Teynampet, Chennai-18. The defendant/appellant was a tenant under the plaintiffs on a monthly rent of Rs.48,218/-. The purpose of tenancy was non-residential and it was calculated according to English Calendar month.

(3.) The rent was being paid by the defendant which is very low when compared to the locational advantages regarding the suit premises. The plaintiffs initiated fair rent proceedings in RCOP No.800 of 2007 on the file of XI Court of Small Causes, Chennai. Pending the said proceedings for fixation of fair rent, the defendant had chosen to vacate the premises and hand over vacant possession to the plaintiff. The learned XI Judge, Small Causes Court, Chennai, fixed the fair rent at Rs.93,924/- per month, though the plaintiffs claimed Rs.2,96,688/- as monthly rent. The plaintiffs have filed RCA 36/2010 on the file of the Vlll Court of small causes, Chennai. The defendant has also chosen to file an Appeal by filing a condone delay petition. Plaintiffs has stated that at the time of vacating the premises, the defendant had caused extensive damage to the suit premises. Immediately the plaintiffs engaged the services of a reputed Civil Engineer who inspected the suit premises and submitted his report. Relying on the said report of the Civil Engineer, the plaintiffs assessed the damages as not less than Rs. 11,00,113/-. A legal notice was issued by the plaintiffs to the defendant on 28.04.2009, calling upon to pay Rs. 11,00,113/- towards damages caused to the suit premises. A reply was issued by the defendant denying the liability. Thus, the plaintiff was constrained to institute a Civil Suit claiming damages.