PERIYAR DISTRICT CONSUMER COOPERATIVE WHOLESALE STORES LTD. Vs. B. BALAGOPAL
LAWS(SC)-2020-3-7
SUPREME COURT OF INDIA
Decided on March 02,2020

Periyar District Consumer Cooperative Wholesale Stores Ltd. Appellant
VERSUS
B. Balagopal Respondents

JUDGEMENT

A.S.BOPANNA,J. - (1.)Leave granted.
(2.)The appellant is before this Court in this appeal assailing the judgment dated 14.11.2017 passed by the High Court of Judicature at Madras in A.S.No.811 of 2009. Through the said judgment the High Court has dismissed the appeal filed by the appellant against the judgment and decree dated 18.08.2008 passed by the Additional District and Sessions Court (Fast Track Court No.I), Erode in O.S.No.37 of 2007. The respondents herein were the plaintiffs in the said suit while the appellant herein was the defendant. For the sake of convenience and clarity, the parties will be referred to in the rank assigned to them before the Trial Court below.
(3.)The undisputed position in the present case is that the plaintiff is the owner of the premises in question wherein the defendant was inducted as the tenant under the lease agreement dated 09.07.1980. The said lease was for a period of three years and the monthly rental was fixed at Rs.6,500/. The advance of Rs.20,000/ was paid by the defendant to the plaintiff. Subsequently the plaintiff filed the civil suit in O.S.No.95/1990 seeking eviction of the defendant and vacant possession of the suit schedule property. The Trial Court through its judgment and decree dated 08.02.1995 directed the defendant to vacate and deliver vacant possession of the premises and the compensation of Rs.15,000/ was ordered for the period of three years prior to filing the suit till date of possession.
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