S.R.ANANTHARAMAN Vs. G.SELVARAJ

JUDGEMENT

(1.) , The appellant is the plaintiff in O.S.No.271 of 2001 on the file of the II Additional Subordinate Judge, Tirunelveli. He filed the suit for recovery of a sum of 3,20,000/- from the respondent/defendant together with interest at the rate of 12% per annum.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the original suit and at appropriate places their ranks in the second appeal would also be indicated, if necessary.

(3.) The case of the appellant/plaintiff is that he was a tenant in the suit property since May 2000 on a monthly rent of Rs.10,000/- and also paid a sum of Rs.3,50,000/- towards rental advance. He took the suit property on lease for running a school. Since the land on which the suit property was situated was acquired by the Government and this was not informed by the respondent/defendant to him at the time of executing the rental agreement, dated 10.05.2000 (Ex.A7) he could not get due recognition for his school from the Government and therefore, he was forced to vacate the premises during May 2001. His further contention is that the respondent/defendant refused to return the rental advance of Rs.3,20,000/- to him after deducting three months rents for the period of March 2001 to May 2001 in spite of the legal notice, dated 11.06.2001 (Ex.A1) issued by him.