The respondents herein were the plaintiffs in the said suit while the appellant herein was the defendant.
The defendant has accordingly vacated the premises during November 2003.
The factual position relating to the tenancy, the earlier round of litigation and the defendant having thereafter vacated the premises during November 2003, there is numberserious dispute.
In the earlier proceedings since liberty was reserved to be plaintiff to initiate an appropriate proceeding for damages, the plaintiffs have initiated the present round of litigation.
Insofar as the nature of the companysideration made by the Trial Court, since the area of the premises which had been let out is number in dispute and since the rental for such area was calculated at the rate as prescribed under the Rent Control Act, the legality of the decision cannot be assailed.
It is in that light the defendant claiming to be aggrieved is before this Court in this appeal.
The defendant claiming to be aggrieved by the same preferred the appeal before the High Court in S.No.811/2009 which was dismissed through the judgment dated 14.11.2017.
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.
It is in that light the High Court while re appreciating the matter in the appeal in A.S.No.811/2009 has referred to the very aspects taken numbere by the Trial Court and has accordingly dismissed the appeal.
The defendant claiming to be aggrieved filed the appeal in A.S.No.714/1995.
Thus, in all, the suit was decreed for a sum of Rs.26,98,367/. Further sum of Page 3 of 14 Rs.3,56,000/ was ordered towards future loss and companyt of the suit.
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 companypensation of Rs.15,000/ was ordered for the period of three years prior to filing the suit till date of possession.
As numbered, the lease had companymenced on 09.07.1980 and rental fixed at that point of time was in a Page 4 of 14 sum of Rs.6,500/ per month.
In the said appeal it was ultimately agreed that the defendant would vacate the premises in question after six months and for the said period the monthly companypensation of Rs.50,000/ would be paid to the plaintiff.
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.
I , Erode in O.S.No.37 of 2007.
Heard Mr. Jayanth Muth Raj, learned senior companynsel for the petitioner, Mr. K.K. Mani, learned companynsel for the respondents and perused the appeal papers.
The Trial Court having adverted to the rival companytentions has decreed the suit through its judgment dated 18.08.2008.
In that regard the suit in O.S.No.37/2007 was filed by the plaintiffs seeking damages at the rate of Rs.89,000/ per month.
The Trial Court has awarded the monthly companypensation of Rs.89,000/ for the periods 14.07.2000 to 14.07.2003.
S. Bopanna,J. Leave granted.
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 Signature Not Verified Digitally signed by MADHU BALA Date 2020.03.02 Additional District and Sessions Court Fast Track Court 163307 IST Reason Page 1 of 14 No.
However, liberty was reserved to the plaintiffs landlords to file a separate suit for damages at a higher rate than Rs.50,000/ which had been fixed by the High Court.
For the sake of companyvenience and clarity, the parties will be referred to in the rank assigned to them before the Trial Court below.
The companypensation was awarded for a period of three years.
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.
Page 2 of 14 The defendant, claiming to be aggrieved filed an appeal under Section 96 of the Civil Procedure Code before the High Court of Madras in Appeal Suit No.714/1995.
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.
During the said period of six months the defendant was directed to pay the damages at Rs.50,000/ per month.
At the earlier instance the suit seeking eviction of the defendant was filed in S.No.95/1990 and the same was decreed directing the defendant to vacate and pay the companypensation at Rs.15,000/ per month.
The appeal was disposed of on 26.02.2003 directing payment of past damages of Rs.3,47,953/ at Rs.15,000/ per month on or before 13.03.2003 and the defendant was granted six months time to vacate the premises.
