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2000 Supreme(SC) 575

V.N.KHARE, A.P.MISRA
P. Vijaya – Appellant
Versus
M. Santhanaraj – Respondent


ORDER

The Appellants are the Defendants in a suit filed by Plaintiff-Respondent. Appellant No. 1 is the daughter of one B. Parathasarthy Naidu and Appellant No. 2 is the husband of Appellant No. 1. In the year 1959, Appellants were married. On 30th July, 1968 the father of Appellant No. 1 purchased the land. In the year 1973, the Appellants made certain construction on the land purchased by father of Appellant No. 1 wherein they are residing. In the year 1979. B. Parathasarthy Naidu filed a petition for eviction under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act) for eviction of the Appellants on the ground of wilful default in payment of rent and also on the ground of denial of title. The said petition was dismissed on the ground that the petition involved decision on the question of title. It appears that, subsequently, the father of the Appellant No. 1 sold the property in dispute in favour of the Plaintiff-Respondent by means of a sale deed. The Plaintiff-Respondent thereafter filed a suit for declaration that he is the owner of the property in dispute as well as for possession. A written statement was filed by the Defendants-Appell










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