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1969 Supreme(Mad) 177

GANESAN
Doraipandi Konar – Appellant
Versus
P. Sundara Pathar – Respondent


Advocates:
S. Kothandarama Nayanar, for Petitioner; V. Balasubramaniam, K. Kunchithapadham and N. Balasubramaniam, for Respondent.

Judgement

JUDGMENT :- The landlord is the revision petitioner herein and he is aggrieved that the Subordinate Judge of Madurai had by his judgment in A. S. 221 of 1967 reversed the judgment of the District Munsif of Melur in O. S. 222 of 1966 and decreed the suit for a sum of Rs. 835-30 proved to have been spent by the respondent tenant.

2. The respondent is running a tea shop in the eastern and northern portion of a building at a monthly rent of Rs. 40. The flooring of the respondent's portion was made of mud and the walls also similarly were made of mud, and the premises have a common thatched roof with the other two portions of the building. As the petitioner landlord refused to renovate the roof which was leaking in the rains and to repair the mud floor and to put walls in the place of the mud walls which had fallen in spite of his requests and a notice, the respondent renewed the entire thatched roof which was common to his premises as well as the other portions of the building, demolished the old mud walls and put up brick walls instead on three sides and laid a new cement floor instead of the old mud floor. The petitioner unsuccessfully obstructed the respondent from carrying















































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