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2003 Supreme(Mad) 484

K.GNANAPRAKASAM
Dhandapani (Died) – Appellant
Versus
Karpakam – Respondent


Advocates Appeared:For the Petitioner:Mr.R. Kannan, Advocate. For the Respondents:Mr.D. Rajagopal, Advocate.

Judgment :-

Both the Courts below have concurrently held that the appellants are tenants in respect of the suit property, rejecting their claim that they are entitled to the suit property under the agreement between the first plaintiff's husband and the defendants. In the said context, the appeal was admitted on the following substantial question of law.

"Whether the courts below are right in passing a decree for recovery of possession without resorting for eviction proceeding under the Tamil Nadu Buildings Lease and Rent Control Act, 1960, as amended Act 1/1980 when particularly the suit property is situate within the city limit of Coimbatore Corporation after having found that the defendants are tenants?"

2. Admittedly, the suit property was assigned to one Devarajan, husband of the first plaintiff and father of plaintiffs 2 and 3 and the plaintiffs contend that the first defendant became a tenant and the second defendant is his wife.

3. On the contrary, the defendants, particularly the first defendant, put forward a case that though the suit property was assigned in favour of the first plaintiff's husband, by virtue of an arrangement between the first plaintiff's husband and the f
















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