Order passed by Lower Court not correct.

The unsuccessful defendant in Original Suit No.119 of 1982, filed this appeal, challenging the correctness of the decree and judgment passed in the said suit, by the Principal Subordinate Judge, Erode, on 210. 1983, which was filed by the respondent herein praying for the delivery and possession of the suit property as well as the mesne profits.

2. The Brief facts of the case, among the parties are extracted hereunder: The non-residential building, bearing door No.300, situated at Nethaji Street, Erode town is the suit property, and it absolutely belongs to the respondent herein, which is a trust established by a few persons, by purchasing the said property for running the mosque. The defendant in the suit, the appellant herein, being the tenant, was inducted into the possession of the said premises, originally at a very low rate and then on being revised from time to time, the agreed rent, at the last time, was at Rs.2,500 per mensem payable on the 5th day of every succeeding month, regularly. Being a tenant, allowed to be in occupation of the suit property, the appellant herein is carrying on a cloth business under the name and style of “Silk Emporium”. He has paid all the rent due to the suit property till the end of September, 1981 and from 10. 1981 onwards till the date of filing the suit, he has not paid the rent which according to the plaintiff comes at Rs.14,250 in all. This act of the defendant/ appellant forced the respondent/ plaintiff to issue a notice under Ex.A-1 whereby not only the demand for the payment of arrears was made, but also the delivery of the possession, as contemplated by the law, was also sought for. However, there was a reply under Ex.A-2, dated 27. 1981, given by and on behalf of the defendant, repudiating the contentions made in Ex.A-1.

3. As the property was purchased by an instrument under Ex.A-4, by means of an outright sale deed in the year 1951 and thereby the respondent trust was created and accordingly for the reason that it was the trust property, it was exempted from the operation of the Tamil Nadu Buildings (Lwease and Rent Control) Act, 1960 by passing special Government orders by the Government of Tamil Nadu in G.O.Ms. No. 1998, dated 18. 1974 and in G.O.Ms. No.2000, dated 18. 1976. Accordingly since the trial court had the jurisdiction to try the dispute, the suit for the reliefs claimed therein, O.S.No.119 of 1982 was filed before the trial court.

4. The appellant being the defendant resisted the suit and filed a written statement, contending inter alia among other grounds that the plaintiff failed to show that the suit property belongs to a public trust, that G.M.Hajee Khaja Hussain is not the Secretary of Munirul Islam Majeed, that he has not been authorised to file the suit as Secretary of Munirul Islam Majeed and that therefore, the suit as framed, is not at all maintainable and liable to be rejected in limine. He further contended that though there was a written agreement dated 6. 1960 mentioning the old rate of rent, it was renewed lastly on 4. 1980 and that the same has not been registered. While referring to the said unregistered sale deed, the defendant would admit that it was executed for a period of five years from 4. 1980 onwards and that before the expiry of the said period stipulated, the suit cannot be maintained by the plaintiff for any reason. He would further contend that so far as the non-payment of rent is concerned, he has paid a sum of Rs.5,000 along with reply notice, which is marked as Ex.A-2, for two months rent at the rate of Rs.2,500 per month and for all the subsequent arrears during the pendency of the suit, he has paid a total sum of Rs.32,126.32 after filing an application in I.A.No.780 of 1982 on the file of Principal Sub Court, Erode, praying for the attachment of the movable kept in “Silk Emporium” belonging to the defendant and therefore every thing has been paid by way of rentals due to the plaintiff and on that score, the suit filed