R. TECH INDUSTRIES Vs. K. RADHALAKSHMI

JUDGEMENT

(1.) The defendant in OS No.242 of 2008, who suffered a decree for ejectment at the hands of the Courts below, has come up with this Second Appeal.

(2.) The suit was laid by the plaintiffs claiming that the defendant became a tenant under the plaintiffs on 01.02.2002, the monthly rent was fixed at Rs.7,325/- for one composite shed. The rent was payable at the beginning of the month. Since the defendant failed to pay the rent, the second plaintiff sent a letter on 29.01.2008 informing the defendant to purge itself of the default failing which the tenancy will be terminated. During the month of May 2008, the defendant along with other tenants sent a letter dated 30.05.2008 stating that the rent will be paid only during the first week of the succeeding month instead of paying advance rent. This stand of the defendant, according to the plaintiff is in violation of the terms of the lease agreement between the parties.

(3.) It is also claimed that there were certain proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, under which the property in question was declared surplus at the hands of the plaintiffs. The proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, finally ended before the Hon'ble Supreme Court, wherein, the proceedings under the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978, were upheld. However, claiming that the defendant having entered into a tenancy and having obtained possession under the tenancy agreement cannot deny the title on the hand of landlord namely, the plaintiffs, the plaintiffs terminated the tenancy and filed a suit seeking ejectment.