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1983 Supreme(Mad) 47

RATNAM
S. Venkitachalam Iyer – Appellant
Versus
S. Rama Iyer – Respondent


Advocates:
R. Kesava Iyengar for K. Yamunan, for Petitioner, M. R. Narayanaswami for M/s. M. N. Krishnamani and C. M. Kirshna Kumar, for Respondent.

Judgement

ORDER :- The plaintiff in O. S. No. 99 of 1958, Principal District Munsif's Court, Nagarcoil, which is a Trust, is the petitioner in this civil revision petition. Admittedly, the Trust owned two items of properties in survey No. 382/730 and survey No. 382/731 of an extent of 60 cents and 29 cents respectively in Nagarcoil. A lease of these lands was granted by the Trust to one Padakalingam in 1106 (1930) on payment of a rent of Rupees 36 per month. The interest of the lessee was assigned in 1106 (1930) by Padakalingam to Gabriel, who in turn assigned it in favour of one Ramaswami Mudaliar in 1107 (1931) from whom Swami Mudaliar secured a further assignment in 1109 (1933). Swami Mudaliar put up certain buildings and the respondent herein purchased the buildings from Swami Mudaliar in 1119 (1943) on payment of a consideration of Rs. 4,475. Thereafter, in 1120 (1944), the Trust had leased out the properties in favour of the respondent herein fixing the period of lease as six years on a monthly rent of Rs. 37.50 and also providing that on the expiry of the lease, the respondent should receive 2/3 of the value of the buildings and improvements and surrender possession to the Tr































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