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1991 Supreme(SC) 474

KULDIP SINGH, M. H. KANIA, RANGANATH MISRA
S. Venkitachalamiyer – Appellant
Versus
S. Rama Iyer – Respondent


Advocates:
A.T.M.SAMPATH, P.N.Ramalingam, R.RAGHAVAN, S.BALAKRISHNAN, S.PRASAD RAO, T.S.KRISHNAMURTHY IYER, VIJAY VERMA

Judgment

KANIA, J.:- This is an appeal by special leave against the decision of a learned single Judge of the Madras High Court in Civil Revision Petition No. 2792 of 1979* filed in that Court. We propose to set out only the few. facts necessary for the disposal of the appeal.

2. The appellant is the managing trustee of a trust. The said trust owned two properties comprising 60 cents and 20 cents of land at Nagercoil in Tamil Nadu. The said lands were leased by the appellant to one Padakalingam in 1930 who in turn assigned the lease in favour of one Ramaswamy Mudaliar in 1931. Swami Mudaliar secured a further assignment of the said lease from the said Ramaswamy Mudaliar. Swami Mudaliar put up a building on the said land and the respondent herein purchased the building from him in 1943 for a sum of Rs. 4,475/-. In 1944 the trust had leased out the said property in favour of the respondent for six years. The terms of the lease are not relevant for the purposes of resolving the controversy raised before us. As the respondent failed to pay the rent to the Trust, the Trust filed a suit for ejectment against the respondent which suit was later transferred to the District Munsifs Court, Nag









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