1. C.S.No.59 of 2006 is filed for a judgment and decree, jointly and severally against the defendants, directing them to quit and hand over vacant possession to the plaintiff, of the suit land; to pay the plaintiff a sum of Rs.70,00,000/- as damages for the illegal use and occupation of the said land commencing from 01.01.2003 onwards till delivery and possession is handed over to the plaintiff @ Rs.2,00,000/- per month and to pass mandatory injunction directing the defendant to remove any buildings, erections, pumps, installations, pipe-lines or any other fixtures/structures erected or placed on the plaint schedule land with costs.

2. Tr.C.S.No.1155 is filed for a judgment and decree for specific performance of the agreement of lease directing the defendants to register the lease for a period of 50 years from 1.1.2002 with an advance of Rs.20 lakhs and for permanent injunction restraining the defendant, its office bearers, men and agents interfering with the peaceful possession and enjoyment of the suit property by the plaintiff with costs.

3. The plaint averments in C.S.No.59 of 2006, in brief, are as follows:-

3.(a) The plaintiff under a Deed of Lease dated 06.03.1996 let out a portion of its vacant land in the northern side its property in Door No.29, Poonamallee High Road, Periamet, Chennai 600003 and on the main Poonamallee High Road, to an extent of 510 sq.metres or 5,490.07 Sq.ft., for a period from 01.01.1993 to 31.12.2002, on a rent of Rs.9,000/- per quarter, equivalent to Rs.3,000/- per month, as agreed and covenanted under Clause 1 of the said Lease Deed to the 1st defendant. The 2nd defendant as the retail out-let agent of the 1st defendant from the plaint schedule land carrying on its business.

3.(b) The basic object of the Plaintiff's society is to relieve the deserving poor and to suppress the mendacity among European and Anglo-Indian Christians of every denomination, providing Home for the aged and destitute in which they are freely lodged, clothed and supplied with the necessaries for health and comfort, allotment of pension, maintenance of workshop for women, establishment of a labour yard for men and women etc.,

3.(c) As the period of lease of the suit land with the 1st defendant was to expire on and with 31.12.2002, and as the plaintiff did not want to renew the said lease, as it wanted to expand its activities of the Home for the aged, destitutes, etc., issued notice through its counsel on 12.11.2002 determined and cancelled the said lease on and with the expiry of 31.12.2002, further calling upon the defendant to quit and deliver vacant possession by then and to also remove any buildings, erections, pumps, installations, pipe-lines or any other fixtures/structures erected or placed on the suit land as contemplated under Clause 4(ii) of the Lease Deed, also further calling upon the 1st defendant to pay a sum of Rs.2,00,000/- per month as damages for the illegal use and occupation of the suit land by the defendants from 01.01.1003 and after the termination of the 1st defendant's said lease.

3.(d) To the said notice dated 12.11.2002, the 1st defendant sent a reply dated 28.11.2002, raising untenable contentions, such as, that the erstwhile president of the plaintiff Dr.G.K.Francis had committed in writing to execute a renewal lease not only of the extent of 5,490.07 sq.ft., but with further additional land of 2,366 sq.ft., total extent being of 7,856.07 sq.ft., from 01.01.2002 for a period of 50 years together with an advance of Rs.20 lakhs to be adjusted against rentals as per the proposition agreed, etc., and to which the plaintiff through its counsel had sent a Rejoinder dated 4.12.2002 denying any such concluded contract of lease and to which no reply was sent by the 1st defendant.

3.(e) The erstwhile president Dr.G.K.Francis, as well as the General Committee then headed by him, were by the order of interim injunction of High Court dated 20.6.2002 were restrained from in any way conveying by way