RATNAM
Sri Sangameswaraswamy Temple, By Its Executive Officer, Fort – Appellant
Versus
A. M. Kunhamo – Respondent
Ratnam, J.
1. The defendant in O.S. No. 1548 of 1972, District Munsifs Court, Coimbatore, who succeeded before the trial Court and lost before the lower appellate Court, is the appellant in this second appeal. That suit was laid by the deceased first respondent, (whose legal representatives are respondents 2 to 15) for a declaration of his title to the superstructure in T.S. No. 2/1309 in Perumal Koil Street, Nandavanam, Mottamedu, Coimbatore town, and for an injunction restraining the appellant from enforcing an order of eviction obtained by it in R.C.O.P. No. 385 of 1967. According to the case of the deceased first respondent, he took on lease from the appellant a vacant site measuring 22 feet east to west and 80 feet north to south in T.S. No. 2/1309 in Perumal Koil Street, Nandavanam Kottamedu, Coimbatore town, belonging to the appellant in 1953 and after levelling it up, put up a construction thereon incurring considerable expenditure. The further case of the deceased first respondent was that towards the end of 1964, the appellant demanded enhanced rent and owing to the refusal of the deceased first respondent to pay the rent so demanded, the appellant initiated procee
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