MEENAKSHIAMMAL AND OTHERS Vs. S. MARINATHONY AND OTHERS

JUDGEMENT

(1.) This second appeal is erected against the judgment and decree rendered in A.S. No. 77 of 1973 on the file of the Subordinate Judge, Nagercoil, which in turn arose out of the judgment and decree rendered by the Additional District Munsif, Nagercoil, in O.S. No. 594 of 1967.

(2.) The legal representatives of the first plaintiff are the appellants herein. The 7th defendant, first defendant's legal representatives and plaintiffs 2 to 7 are the respondents herein.

(3.) The suit was originally filed by Ayyamperumal Pillai as plaintiff and subsequently plaintiffs 2 to 7 were added. The suit is for declaration of title, recovery of possession Id for other reliefs. According to the 1st plaintiff, S.No. 1116/12, on extent of 13 cents belonged to the first plaintiffs father Periyasami Pillai alias Sankaran Pillai. He died and his airs are the first plaintiff and the first plaintiff's brothers Ponnambaiam Pillai and Chudalyandi Pillai. Chudalayandis wife is the second plaintiff and plaintiffs 3 to 7 are the heirs of Chudalayandi Pillai. Ponnambaiam died withal any heirs. Therefore the plaintiffs are en-led to the suit property. "A" Schedule prop-7is a vacant site and "B" Schedule property is a vacant site and a shed. The first defendant took on lease "A" Schedule property on a ground rent of Rs. 120.00 per year. It was also ;teed then that at the time when possession as given, a fair price for the construction will s paid to the first defendant. In case the plaintiff is not willing to pay the reasonable price, the first defendant may remove the instructions and deliver possession of the cant site. Accordingly the first defendant a spent Rs. 1,500.00 for constructing buildings and has sublet to defendants 2 to 6. He paid rent up to 31-7-1965 for the site and subsequently he has not paid any rent. On the west of "A" and "B" Schedule properties, there Vangara Mandaswamy Koil and the first plaintiff in the trustee of the above trust purses and therefore the plaintiff has been pressing the first defendant to vacate the buildings. A notice was issued on 28-12-1966 and the first defendant sent a reply. In the "B" Schedule property, the 7th defendant has put up a motor workshop and he has taken on lease from the first plaintiff on Rs. 15.00 per mensem and he has paid rent up to Sept., 1966. Rent from Oct., 1966 has to be paid by the 7th defendant. A notice was issued to the 7th defendant on 22-5-1967 and now the 7th defendant colludes with the first defendant and has raised fraudulent contentions. Hence the plaintiff has been forced to file the suit for declaration of title and possession.