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2005 Supreme(Mad) 1255

R.BANUMATHI
K. Kuppusamy – Appellant
Versus
Sri Vembuli Amman Temple – Respondent


Advocates Appeared: For the Appellant :N.Vanchinathan, Advocate. For the Respondent:M.Sundar, Advocate.

Judgment :-

This second appeal arises out of the concurrent Judgment and Decree of the Courts below - Principal District Judge, Vellore, made in A.S.No.24/2001, dated 28.09.2001, confirming the Judgment and Decree made in O.S.No.1023/1985 by the Principal District Munsif, Vellore dated 30.03.2001. Unsuccessful Defendant is the Appellant.

2. Plaintiff is a temple – Sri Vembuliamman Temple. Case of the Plaintiff Temple is that the suit premises – Shop bearing D.No.157, Long Bazaar, Vellore was let out to the Defendant for a monthly rent of Rs.225/-. The Defendant has been running a flour mill shop therein. Tenancy between the Plaintiff temple and the Defendant is an oral tenancy. For insufficiency of space, for keeping articles including the temple Vaganam, the Plaintiff Temple requires the suit premises for own use and occupation. The Plaintiff temple issued the statutory notice under Section 106 of the Transfer of Property Act, on 29.04.1985. The said notice was issued to the Defendant giving clear fifteen days' notice. The Defendant received the notice and issued a reply on 04.05.1985, containing false allegations. The registered notice subsequently was returned unserved on 08.05.1









































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