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2000 Supreme(Mad) 939

K.P.SIVASUBRAMANIAM
D. Packiaraj and Another, Appellans – Appellant
Versus
P. Kulanthaivel Nadar and Another – Respondent


Appearing Advocates:N.S. Varadachari, T.R. Rajagopalan, Sr. Counsel, T.R. Rajaraman (For No. 1), O.R. Santhanakrishnan (For No. 2), Advocates.

Judgment :-

Both the appeals arise out of two suits filed by the respective opposite parties. The suit in O.S. No. 350 of 1988 on the file fo the District Munsif, Kuzhithurai, was filed jointly by one Kulandaivel nadar hereinafter called the lessee, and Bharat Petroleum Corporation Ltd. hereinafter called the Corporation or the Government Company against one D. Packiaraj and D. Packiadas hereinafter called the lessors, praying for specific performance of the contract dated 29-6-1968 by directing the defendants to execute a lease deed in respect of the plaint x schedule property in favour of the first plaintiff and an order of permanent injunction to prevent the breach of the obligation to renew the lease existing in favour of the first plaintiff under the lease dated 29-6-1968.

2. The suit in O.S. No. 524 of 1988 was filed by the lessors against the lessee and the Corporation praying for a decree to recover vacant possession of the plaint 'A' schedule property, for removal of the plaint 'B' schedule structures, if the defendants fail to remove them before they are dispossessed, a sum of Rs. 600/- towards arrears of rent till the date of the suit and for recovery of mesne profits fro























































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