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2006 Supreme(Mad) 302

R.BANUMATHI
K. V. Pushpavalli – Appellant
Versus
Arulmighu Theerthabaleeswarar & Another – Respondent


Advocates Appeared: For the Appellant:G. Masilamani Senior Counsel for B. Kaalathinathan, Advocate. For the Respondents:R. Thirumaran, Advocate.

Judgment :-

(Second Appeal filed under Section 100 C.P.C against the Judgment and Decree dated 08.11.2000 passed by the VI Additional Judge, City Civil Court, Madras in A.S.No.258 of 1997, as stated therein.)

This Second Appeal is preferred against the Judgment and Decree dated 08.11.2000 of the VI Additional Judge, City Civil Court, Madras in A.S.No.258 of 1997, confirming the Judgment and Decree dated 14.07.1997 in O.S.No.3388 of 1985 passed by the VIII Assistant Judge, City Civil Court, Chennai. The unsuccessful Second Defendant is the Appellant herein.

2. The Suit Property relates to lands measuring 474 ¼ sq.ft bearing Corporation Old Door No.31, New Door No.41, Dr.Natesan Road, Second Lane, Krishnampet, Madras 5 comprised in R.S.No.826 (Part). Admittedly, the Suit Property belongs to the Plaintiff - Devasthanam, under whom the First Defendant had become a Tenant. The Appellant Second Defendant is said to have purchased the Lease hold right from the First Defendant

3. Case of the Plaintiff Devasthanam is that the First Defendant was a Tenant under the Plaintiff in respect of the Suit Property. The First Defendant had put up a thatched hut on the suit property and he was paying t























































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