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1991 Supreme(Mad) 543

BELLIE
Natesan Pillai – Appellant
Versus
Sethumani Ammal – Respondent


Appearing Advocates:S.Parthasarathy, for Appellant. K.Srinivasan, for Respondent.

Judgment :-

The only point raised in this appeal is as to the maintainability of the suit filed for declaration of plaintiff’s title and for possession has been decreed and the defendants have filed this appeal.

2. The case of the plaintiff Sethumani Ammal is that she is the owner of the suit property. Plaintiff’s father Rajanga Nadar who was managing the property had let it out defendant on a rent of Rs.75 per mensem for one year. Even after the period of the the defendant continued in possession. He paid rent till November, 1978 and thereafter stopped payment. The plaintiff issued notice calling upon the defendant to surrender possession but he would not do so raising false contentions. The plaintiff along with father filed R.C.O.P.No.17 of 1981 on the file of the Rent Controller (District Chidambaram. In that proceedings the defendant denied the tenancy and he claimed the property under an alleged agreement of sale. In view of this stand taken defendant she did not prosecute the eviction petition further and she withdrew the same that she could file a suit for recovery of possession. The petition was dismissed as withdrawn on 5.9.1983. Now the plaintiff has filed this suit for d











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