Back
2025 Supreme(Mad) 3802
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S. SRIMATHY, J.
P. Sakthivel - Appellant
Versus
R. Jegannathan and Ors. – Respondents
S.A.(MD). No.434 of 2012
Decided On : 07-01-2025
For the Appellant : Mr. S. Vijayashanthi
For the Respondents: Mr. H. Lakshmi Shankar.
A tenant's failure to pay rent and unauthorized subletting leads to lawful eviction, irrespective of disputes regarding property ownership or necessary party joinder.
Headnote:(A) Code of Civil Procedure, 1908 - Section 9 - Tenancy - Suit for eviction and recovery of rent - Appellant, a tenant, defaulted in payment of rent and sublet the premises - The trial court decreed the suit for eviction confirming the prior decrees - Tenancy rights of the deceased remaining with the landlord's family trust, maintaining that subletting was unlawful. (Paras 3, 6, 10, 18)
(B) Non-joinder - Necessity of additional parties - Court addressed the defendant's claim of non-joinder of necessary parties, including subsequent tenants, stating the eviction could proceed without their addition as they were sub-lessees. (Paras 11, 12, 14)
(C) Rental Agreement - Rights under family trust - The argument of ownership by the defendant did not preclude the plaintiffs from demanding possession, affirming trust property management rights. (Para 10)
Facts of the case:
The plaintiffs sought eviction and overdue rent from the defendant, who continued to occupy the property after the rental agreement expired, and claimed various defenses including the induction of a new tenant.
Findings of Court:
The court upheld the decrees favoring the plaintiffs, emphasizing the eviction based on tenant default and unlawful subletting.
Issues: The core questions were the entitlement of the plaintiffs to recover possession and rental arrears, and the alleged non-joinder of necessary parties in the suit.
Ratio Decidendi: The court affirmed that the defendant's tenancy did not confer ownership rights and found the claim of non-joinder moot as the new tenants acted unlawfully.
Result: Second appeal dismissed with costs.
| Table of Content |
|---|
| 1. jurisdiction and basis of the suit. (Para 1 , 2 , 3) |
| 2. tenancy agreement details and disputes. (Para 4 , 5) |
| 3. framing of issues by the trial court. (Para 6) |
| 4. court's ruling and findings in the initial case. (Para 7 , 8) |
| 5. admission by defendant and ownership dispute. (Para 9 , 10) |
| 6. sublessee inclusion in tenant disputes. (Para 11) |
| 7. analysis of demands and notices. (Para 12 , 13 , 14) |
| 8. clarification on rental payment obligations. (Para 15) |
| 9. final orders and payment of costs. (Para 16 , 17 , 18) |
JUDGMENT :
(S. SRIMATHY, J.)
The present second appeal is preferred by the defendant in the suit against the judgment and decree dated 06.07.2011, passed in A.S.No.97 of 2008 on the file of the Sub Court, Dindigul, confirming the judgment and decree, dated 22.12.2006, passed in O.S.No.976 of 2004 on the file of the Principal District Munsif Court, Dindigul.
2. The defendant in the suit is the appellant herein and the plaintiffs in the suit are the respondents herein. For the sake of convenience, the parties are referred as plaintiffs and defendant as per the ranking in the suit.
3. The suit is filed for eviction of the defendant and recovery of vacant possession of the suit property and for the recovery of rent arrears of Rs.27,000/- to be paid by the defendant to the plaintiffs.
4. The brief facts as stated in the plaint are that the suit property situated in S.No.171/2 and other properties originally belonged to the family Trust of Narayanasamy Pillai. It was administered by the eldest legal heir, as such the plaintiffs' father Ramakrishanan was managing the properties and collecting the rent. As per the rental agreement between Ramakrishnan and the defendant a monthly rent of Rs.650/- was agreed to be paid from 10.04.1994 for three years and the defendant paid advance amount of Rs.30,000/- and the same is payable without interest at the time of vacating the property. Further it was also agreed that if Ramakrishnan became ill or unable to collect the rent, the plaintiffs trust would be entitled to collect the rents. Furthermore, as per the Narayanasamy Family Trust, the right to collect the rents devolve upon the male legal heirs of Narayanasamy Pillai. On 15.03.1998, the plaintiffs' father Ramakrishnan died. The rental agreement between Ramakrishnan and the defendant expired on 09.04.1997. the deceased Ramakrishnan had sons namely Jagannathan and Narayanan, Mamundi, Pandi (the plaintiffs). The other brothers Narayanan, Mamundi and Pandi had executed a power of attorney deed, dated 08.06.1998, to collect the rent in favour of the plaintiff Trust. After the demise of Ramakrishnan, on 01.03.1998, the 1st plaintiff Jagannathan had been demanding the rent from the defendant and the defendant agreed to pay the rent at Rs.1,000/- from March 1998, but failed to pay the rent at Rs.1,000/-. Thus, from 01.03.1998 to January 2000, the defendant failed to pay the rent for 23 months at the rate of rent Rs. 1,000/- per month. Hence, the plaintiffs issued a legal notice to the defendant. As the plaintiffs' grand parents' cemetery are lying adjacent to the suit property, the suit property is required by the plaintiffs for developing the cemetery. In spite of the legal notice, the defendant neither paid the rent arrears nor vacated the suit property, therefore the plaintiffs are entitled for future mesne profits also. Hence, the plaintiffs had preferred the suit for eviction and mesne profits.
5. The defendant had filed written statement wherein he had denied all the allegations stated in the plaint, further stated the plaintiffs are not entitled to the relief sought for, the suit is not maintainable either in law or on facts and liable to be dismissed in limine. On 20.03.1993 the defendant had taken the property situated in S.No.171/2 having calicut tiled house measuring north south 20 east west 35 feet, within the vacant land to an extent of north south 103 feet and east west 35 feet for rent from late Ramakrishnan to run automobil
