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1981 Supreme(Mad) 418

S.MOHAN
S. Rajan – Appellant
Versus
Devi Cine Proprietor, Manufacturing Company By Partner, P. Natarajan – Respondent


JUDGMENT

S. Mohan, J.

1. The defendant, who suffered a decree for possession in a suit filed by the respondent in O.S. No. 873 of 1975 on the file of IV Assistant Judge, City Civil Court, Madras which decree was confirmed on appeal in A.S. No. 100 of 1978, has come forward with this second appeal.

2. The respondents herein leased out 4-112 grounds of vacant land adjoining Agasthya Theatre, belonging to them, comprising premises No. 3931394, Thiruvottiyur High Road in favour of the appellant herein. The lease was for a period of 11 months on a monthly rental of Rs. 360 from 20th August, 1971, One of the terms of the lease was that he should not put up any construction without the express permission of the landlord. The lease was renewed for a period of 11 months from 1st August, 1972, and for another 11 months from 1st July, 1973, and by efflux of time, it expired by 31st May, 1974. By Exhibits A-3 and A-5, the tenant was called upon to vacate; but he did not. Therefore, it became necessary on the part of the plaintiff to file the suit.

3. The appellant, by way of defence, contended inter alia that the suit was not maintainable by a single partner and hence it is barred under Section 69















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