S.S.M.NATARAJAN Vs. P.MANOHARAN

JUDGEMENT

(1.) This Second Appeal has been filed challenging the Judgement and decree dated 27.08.2003 passed by the Fast Track Court V, Chennai in A.S.No.353 of 2002 confirming the Judgement and decree dated 26.11.2001 passed by the XV Asst. City Civil Court, Chennai in O.S.No.6853 of 1989. Brief facts leading to the filing of this Appeal:

(2.) The Appellants are the legal representatives of the defendant and the respondents are the legal representatives of the Plaintiff in the suit O.S.No.6853 of 1989. The suit was filed by the plaintiff against the defendant for specific performance of an agreement dated 16.10.1988. As seen from the plaint averments, according to the plaintiff, the defendant is the owner of the house bearing Door No.180, Mannarswamy Koil Street, Royapuram, Chennai - 600 013. According to the plaintiff, he was a tenant under the defendant in respect of a shop situated in front of the said premises and the said shop measured 9 x 3 feet. According to the plaintiff, he was running a betel nut shop under the name and style of "Balasubramaniam Stores" and paying the monthly rent to the defendant.

(3.) According to the plaintiff, the defendant in October 1988 approached the plaintiff and represented that he wanted to renovate his house and requested the plaintiff to vacate the shop and hand over possession to the defendant temporarily. It is the case of the plaintiff that the defendant further represented to the plaintiff that he would construct a new shop in the same place measuring 9 x 5 1/2 feet and put the plaintiff in possession. Accordingly, an agreement dated 16.10.1988 was entered into between the plaintiff and the defendant and as per the said agreement, the plaintiff agreed to vacate the shop for a period of two months and on completing the construction of the new building, the defendant agreed to put back possession of the shop as per the agreement dated 16.10.1988 to the plaintiff on a revised monthly rent of Rs.250/-.