J U D G M E N T

The suit has been filed by the plaintiff, seeking a decree directing the defendants to quit and hand over vacant possession to the plaintiff of the demised land and to pay to the Plaintiff arrears of rent and to pay to the Plaintiff damages for illegal use and occupation of the demised land and for mandatory injunction directing the defendants to remove any buildings, erections, pumps, installations, pipe-lines or any other fixtures/structures erected or placed on the demised land and to pay to the Plaintiff the costs of the suit and to grant such further or other reliefs.

2. The brief averments made in the plaint are as follows :

Plaintiff is a Society registered under the Societies Registration Act XXI of 1860 and the Tamil Nadu Societies Registration Act, XXVII of 1975, with the office at Nos.1-12A, Ritherdon Road, Vepery, Chennai 600 007. Plaintiff having been constituted under the trust of the Doveton Institution is over 150 year old governing body, owning, running, managing and administering its schools and properties, and being the Doveton-Corrie Boys Higher Secondary School, the Doveton-Corrie Girls Higher Secondary School, the Doveton Matriculation Higher Secondary School, the Doveton-Oakley Nursery School and the Doveton Academy, in its land admeasuring 13 Gaw 04 Grd 0233 sq.ft., or about 7 Hectres 10 Acres 32 sq.ft. and also in other places wherein more than 6,500 children, both boys and girls, are studying, and these schools and institutions of the Plaintiff are one of the premier, renowned, reputed and respected schools and institutions in the City of Chennai, especially in the area of Vepery in Chennai. It is the case of the plaintiff that it had leased a portion of its land in the western side in R.S.No.665/1, of a total extent of 11,900 sq.ft., to the first defendant for its retail outlet of dispensing its petroleum products on a rental basis at Rs.9,000/- per annum. The second defendant as an agent of first defendant is carrying on the retail outlet business of the first defendant in the plaint schedule land.

3. It is the further case of the plaintiff that the said lease expired on 03.12.2003. Although the first defendant sought for extension of the said lease vide its letter dt: 11.11.2003, the plaintiff was not willing to do so. The first defendant continued to occupy the plaint schedule land, but it did not pay the plaintiff the annual rent from the year 2004 onwards and hence, there is an arrears of rent for the periods 2005, 2006, 2007 and 2008 also. Once again, the first defendant sought for extension of lease vide its letter dt: 08.05 2008, but the plaintiff did not accede to the request. It is further averred in the plaint that the first defendant apart from dispensing petroleum products, started using the scheduled mentioned premises for selling fruits, juices, eatables and other sundry items. The first defendant has also sub-let the plaint Schedule land for parking of private buses, vans and other vehicles in the night and collected fees and made further money out of the same. Above all, the first defendant had started digging up the plaint schedule land, trying to put up further illegal constructions on the same.

4. Plaintiff's schools have since grown, are expanding and the space available with the plaintiff is not sufficient to meet the growing demand and need, the plaintiff requires the portion occupied by the defendants for expansion of the Plaintiff's school. Therefore, the plaintiff vide letter cum notice dt: 02.04.2008, terminated the lease of the first defendant with the expiry of 31.05.2008 and called upon the first defendant to quit and deliver vacant possession of the plaint schedule land by removing any buildings, erections, pumps, installations, pipe-lines or any other fixtures/structures erected or placed on the plaint schedule land and to pay a sum of Rs.3 Lakhs as damages for the illegal occupation from 01.04.2008 to till the date of delivery of possession. Though the f