N.P. NARAYANA NADAR Vs. KOTTAR SENGUNTHA MUDALIAR SAMUDHYA OOR VAKAI SRI SENTRA THISAI VENDRA VINAYAGAR TRUST AND ORS.

JUDGEMENT

(1.) This second appeal is directed against the concurrent finding of the courts below passed in O.S.No.267 of 2007 by the Second Additional District Munsif, Nagercoil, which was confirmed in A.S.No.57 of 2011 by the Second Additional Sub Judge, Nagercoil.

(2.) The appellant is the defendant in O.S.No.267 of 2007. The suit was instituted for recovery of possession of the suit property; Rs.52,800.00 being arrears of rent along with interest at 12% and for future mesne profits at the rate of Rs.1,200.00 per month. According to the plaintiffs, the suit property belongs to the plaintiff Trust. The defendant was inducted as a tenant on monthly rent of Rs.750.00. Since the defendant did not pay the rent regularly, the Trust filed a suit in O.S.No.888 of 1995 before the First Additional District Munsif Court, Nagercoil. However, in a compromise decree dtd. 11/2/2003, the defendant agreed to pay Rs.1,17,000.00 towards arrears of rent and future rent at the rate of Rs.1,200.00 per month from Pankuni 1178 M.E. But the defendant did not pay the balance amount of Rs.67,000.00 on or before 29/7/2003 and the future rent. Hence, a notice dtd. 29/5/2004 was issued, for which, he gave a reply with false allegations. Another notice dtd. 11/11/2006 was issued terminating the lease by the end of Aypasi 1182 M.E. The defendant received the said notice on 14/11/2006 and issued a reply with frivolous allegations on 30/11/2006. Hence, the suit.

(3.) The suit was opposed by the defendant by filing a written statement, denying the allegations made in the plaint. It is the case of the defendant that in the year 1970, rent was only Rs.140.00 per month and the same was increased up to Rs.750.00 per month. The defendant could not pay the rent, because of the internal disputes in the administration of the trustees. O.S.No.888 of 1995 was compromised and as per the compromise, the future rent was fixed at Rs.1,200.00. The defendant paid Rs.50,000.00 on 25/3/2003 and the balance of Rs.67,000.00 to the trustee viz., S.Subbiah on 28/7/2003. As such, he has paid the entire arrears upto 1178 Masi, which can be seen from the police complaint filed by Subbiah Mudaliar and 6 others on 18/7/2004. The termination notice is not maintainable and 6 months notice is necessary to terminate the lease and the suit was not instituted, as per the scheme decree.