LEELAMMA SEBASTIAN Vs. DIOCESE OF VIJAYAPURAM, A ROMAN CATHOLIC DIOCESE, REPRESENTED BY ITS BISHOP DR. SEBASTIAN THEKKECHERIL,

JUDGEMENT

(1.) The defendant in O.S.No.585 of 2012 on the file of the Principal Sub Court, Kottayam is the appellant in the second appeal. Plaintiff is the respondent.

(2.) Brief facts are as follows: Plaint schedule building was leased out as per Ext.A2 to the appellant on 01.04.2009 for a period of 11 months. On the expiration of the period of lease, the appellant did not surrender vacant possession and she is continuing as a tenant holding over. It is the case in the plaint that the appellant had paid rent only upto March, 2010 and thereafter it was kept in arrears. According to the plaint averments, the respondent never wanted to continue the tenancy and therefore, demanded vacant possession. A statutory notice under section 106 of the Transfer of Property Act, 1882 (in short, "the Act") was issued to the appellant for which a replay was sent raising untenable contentions. Hence the suit was filed.

(3.) Appellant filed a written statement contending that she was prepared to pay rent and arrears fell due only on account of the refusal of the respondent/plaintiff to receive the rent. Appellant had paid Rs. 75,000/- as security at the time of executing the lease agreement. That amount should have been adjusted towards the arrears claimed.