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1971 Supreme(Mad) 265

V.RAMASWAMI, R.SADASIVAM
Venkataswami Reddiar – Appellant
Versus
Sundaramoortliy – Respondent


Advocates:
J. .Kanakaraj, for Appellants; M.S. Venkatarama Iyer, for P.S. Balkrislina Ayyar and P.S. Ramachandran, for Respondent; P.S. Balakrishna Ayyar and P.S. Ramachandran, for Petitioner.

Judgement

RAMASWAMI, J:- The defendants are the appellants. The suit was filed by the plaintiff for possession and for recovery of a sum of Rs.9,466-10 as and by way of mesne profits from 1st April, 1963, till date of suit and for future mense profits. The plaintiff is the son of one Vythilinga Reddiar. The plaintiff, his father and paternal uncle constituted a joint Hindu family. The plaintiff's father leased the properties under a registered lease deed dated 9th July, 1965 (Original of Exhibit A-1) to Purushotham Reddiar, father of defendants 1 and 2, for a period of seven years. The rent payable was fixed at Rs.1,000 and 54 bags of paddy per year. There were defaults in payment of the rent. Suits were filed for recovery of the same and ultimately the rents has been recovered for the entire period of seven years. The present suit claim was for the period subsequent to the expiry of the lease under Exhibit A-1, viz., 1st April, 1963 to 15th June, 1964 the date of suit. There was a partition on 21st October, 1959 under the original of Exhibit A-4 in the family of the plaintiff. Under this partition, the plaintiff was allotted the suit properties. The plaintiff claimed that the tenan










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