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2001 Supreme(Mad) 1297

M.CHOCKALINGAM
A. K. S. Thiyagarajan and others – Appellant
Versus
M. Gopal – Respondent


Advocates:
R.Muthukumaraswamy, Additional Advocate General, for Appellants.
Mrs.Krishnaveni for T.R.Rajaraman for Respondent.

JUDGMENT: These two appeals have been preferred from the common judgment and decree of the learned Additional District Judge, Vellore made in A.S.Nos.180 and 181 of 1989 dated 28.2.1990 setting aside the judgment and decree of the learned Subordinate Judge, Arni made in O.S.Nos.82 and 83 of 1987, dated 28.9.1989.

2. The appellants herein filed two suits in O.S.No.82 and 83/87 against the respondent herein seeking delivery of possession of the plaints schedule properties situated in door Nos.235 and 236 Gandhi Market Road, Arni Town respectively with the following averments. The said schedule mentioned non residential buildings belonged to the plaintiffs. It was a new building. The construction was completed and informed to the local body in March, 1983. The first assessment was also made only in April, 1983. Previously there was an old building which was completely demolished and a new building was reconstructed and thus the building was exempted from the purview of the Rent Control Registration from the purview of the Rent Control Registration and the Civil Court alone has got jurisdiction. The defendant was a tenant under the plaintiffs in respect of the premises situated in door






















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