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1978 Supreme(Mad) 541

T.RAMAPRASADA RAO
T. R. P. Raja Sekara Bhoopathy – Appellant
Versus
Navaneethammal and others – Respondent


Advocates:
A. Seshan, for Petitioner.
C. P. Rajagopala Iyengar, for Respondents.

JUDGMENT. — The landlord of property No. 1/75, Chellappa Mudali Street, Perambur Barracks, Madras is the petitioner. The case of the petitioner is that one Ratnavel Chettiar, the predecessor-in-interest of the respondent herein, took on lease the above property (land) belonging to the petitioner in or about 1935 and put up a construction in the said land prior to 1955. The petitioner’s further case is that when Rathnavel Chettiar was alive, he executed a fresh lease, Exhibit P-1, dated 9th March, 1960, in and by which Rathnavel Chettiar agreed to pay a rent of Rs. 75 per month against the original rent of Rs. 14 per month which was enhanced from time to time. Thereafter there were certain proceedings under the Tamil Nadu Buildings (Lease and Rent Control) Act, between the petitioner and the successors-in-interest of the said Rathnavel Chettiar, and it is stated that in or about 1965, the respondents surrendered a portion of the land, and were prepared to pay a further increased rent of Rs. 100 per month for the remaining portion of the demised land, probably because, as already stated, Rathnavel Chettiar had already put up the superstructure and the respondents wanted to continue a














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