V RANGASWAMY Vs. ARULMIGHU KONIAMMAN DEVASTHANAM

JUDGEMENT

(1.) HAVING lost in the both courts below, the first defendant - V. Rangaswamy, since deceased, has filed this Second Appeal seeking to set aside the judgment and decree in A.S. No. 100 of 1986 on the file of the Principal District Judge, Coimbatore, confirming the judgment and decree in O.S. No. 2021 of 1982, on the file of the District Munsif Court, Coimbatore, granting a decree in favour of the plaintiff - Devasthanam, the first respondent herein, for recovery of possession of the suit premises and for damages.

(2.) THE case of the plaintiff/first respondent herein, is as follows:- THE suit property is the absolute property of the plaintiff-Devasthanam. THE first defendant became a tenant under the plaintiff in respect of the suit premises on a monthly rent of Rs. 120/- on 1.7.1975. THE rent was increased to Rs. 191/- from 1.5.1977. THE first defendant contrary to the terms of the tenancy had sublet a portion of the suit premises to the second defendant. THE second defendant is running a petty shop therein. Further, the tenamented portion is required by the plaintiff-Devasthanam for renovation of the temple by extending its entrance.

(3.) AFTER making considered all the materials, the learned District Munsif decreed the suit as prayed for with costs. Having aggrieved over the above said judgment, the appellant, the first defendant, preferred the appeal in A.S. No. 100 of 1986 before the Principal District Judge, Coimbatore. However, the second defendant had not chosen to prefer any appeal.