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1988 Supreme(Mad) 210

RATNAM
P. P. Subba Raja – Appellant
Versus
E. S. Gurusamy – Respondent


Advocates Appeared:G. Subramaniam, Muthukumarasamy, Advocates.

Judgment :-

The defendant in O.S. No. 752 of 1973, District Munsif's Court, Koilpatty (hereinafter referred to as 'the tenant') is the appellant in the second appeal as well as the appeal against order and the petitioner in the civil revision petition. The circumstances giving rise to these proceedings are briefly as follows : -

The respondent is the owner of the suit property a vacant site measuring 90 cents comprised in Survey Nos. 268/1-A and 268/ 2-A, out of a total extent of 2 acres and 20 cents, in Sankarankoil. That vacant site was leased out by the respondent herein in favour of one Vargese under a registered lease deed dated 1-5-1968 for a term of 10 years on a monthly rent of Rs. 67.50 ps. for the purpose of running a saw mill. The lessee Vargese was unable to carry on the saw mill business in the land leased out to him; but handed over the leased property to the tenant without the consent of the respondent, Later, the tenant and the respondent agreed to allow the tenant to be the lessee of the suit property on the same terms and conditions as in the registered lease deed entered into between Vargese and the respondent herein.The tenant also agreed to be bound by the terms












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