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2004 Supreme(Mad) 704

M.CHOCKALINGAM
A. Koman – Appellant
Versus
T. S. Balasubramaniyan – Respondent


Advocates:
P. Valliappan for M/s. M. S. Krishnan, for Respondent.

JUDGMENT :- This second appeal has been brought forth from the judgment of the learned Subordinate Judge, Kumbakonam, made in A. S. No. 53/92, wherein the judgment of the trial Court dismissing a suit for recovery of possession, lease amount and mesne profits was reversed.

2. The respondent/plaintiff filed the suit for the said reliefs with the following averments in the plaint :

The defendant took on lease the building and the site door No. 1A (Now 1-B) in R. S. No. 260, Natham. He executed a registered rent deed in favour of the plaintiff's father Sundaresam Pillai on 1-4-1978. The lease was for a period of three years from 1-4-1978 to 31-3-1981. The monthly rental was Rs. 50/-. Sundaresam Pillai executed a Will on 18-10-1975, bequeathing the property in favour of the plaintiff. Sundaresam Pillai died. The defendant was never regular in the payment of rental. The defendant was in arrears from 1-4-1980. In view of the wilful default, the plaintiff issued a notice on 26-12-1980 to the defendant. The tenancy also expired by efflux of time. Thus, the plaintiff is entitled to recover possession of the suit properties and also the past rental of Rs. 600/-. Out of 20 feet east west and 10

























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