- (1.) This Second Appeal is filed against the judgment and decree, dated 24.03.2007 made in A.S.No.3 of 2007 on the file of the learned II Additional Subordinate Judge and Appellate Authority, Coimbatore, confirming the judgment and decree, dated 15.06.2006 made in O.S.No.1344 of 1996 on the file of the learned I Additional District Munsif, Coimbatore.
(2.) For the sake of convenience, the parties are to be referred to in their original rank in the suit. The plaintiff is the Trust. The suit properties were in possession of the Trust. The Trust has leaded out the vacant site measuring 150 feet east-west, 20 feet south-north on the east and 65 feet north-south on the west, with a shed, to the defendant on 04.01.1976 on a monthly rent of Rs.110/-. Similarly, another extent measuring 17 x 15 feet of vacant land on the west of the earlier lease property also leased out to the defendant.
(3.) Thereafter, a fresh lease deed was executed between the parties on 01.04.1986 on a monthly rent of Rs.750/- and it was specifically agreed that the rent shall be enhanced to Rs.50/- per year. The original lease deed was executed for a period of 5 years and on expiry of the period, on 15.05.1991, the plaintiff issued a legal notice to the defendant to vacate and handover the possession of the entire properties as on 01.07.1991 and also pay the damages at the rate of Rs.3,000/- per month. As the defendant has failed to hand over the possession, the suit has been filed by the plaintiff praying for permanent injunction.;