MOHAN
N. Kannayiram – Appellant
Versus
Sri Kallalagar Devasthanam, By Its Executive Officer, Alagarkovil – Respondent
Mohan, J.
1. The first defendant is the appellant in this appeal which arise out of O.S. No. 271 of 1975 on the file of the Sub Court, Madurai. The suit was filed by the first respondent herein for recovery of possession of plaint schedule property and for rent of Rs. 11,200 till 30th April, 1975 and for damages for use and occupation at the rate of Rs. 90 from 1st May, 1975 to 3rd May, 1975 and for future mesne profits.
2. The plaint schedule property which is a vacant site was taken on lease under Ex. A4 for a period of five years by the first defendant. The lease was to commence from 1st December, 1960. In and by the lease deed, the first defendant was authorised to sublet. Accordingly, he sublet the same to S.V.O.C. Limited, dealers in Petroleum Product. After the, expiry of the lease, a fresh lease was executed under Ex. B7, dated 1st December, 1966 for a period of five years. The monthly rent was Rs. 350. Here again, permission was granted for subletting. The purpose of subletting was to run a petrol bunk. During the lease period, the second defendant Corporation became the sub-tenant. There was rivalry between the first and second defendants to obtain the lease. While
1. Alaga Pillai v. Ramaswami Thevan and Ors. (1925) 49 M.L.J. 742 : A.I.R. 1926 Mad. 187
2. T.R.P. Raja Sekara Bhoopathy v. Navaneethammal and Ors. (1979) 2 M.L.J. 144 : 92 L.W. 259
6. Raja Sekara Bhoopathy v. Navaneethammal (1979) 2 M.L.J. 144 : 92 L.W. 259
8. Veeraswami Naicker v. Alamelu Ammal (1965) 2 M.L.J. 188 : 78 L.W. 281 : A.I.R. 1965 Mad. 442
9. Boologanathan v. Govmdarajan (1979) 2 M.L.J. 47 : 92 L.W. 273
10. P. Krishnamurthy and Ors. v. Thambaram Panchayat (1970) 1 M.L.J. 444 : 82 L.W. 683
3. Veeraswami Nadar v. Ranganathan (1953) 2 M.L.J. 511 : A.I.R. 1954 Mad. 402
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