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2000 Supreme(Mad) 620

K.SAMPATH
D. Sahul Hameed – Appellant
Versus
Swamy Nellaiappar Sri Kanthimathi Ambal Devasthanam, Tirunelveli through its Executive Officer – Respondent


Advocates:
M.Ramadhas, for K.Srikumaran Nair, for Appellant.
Srinath Sridevan, for Respondent.

JUDGMENT: The defendant in O.S.No.946 of 1989 on the file of the Additional District Munsif, Tirunelveli, is the appellant in the second appeal. The respondent temple filed the suit for recovery of possession of the suit property and for arrears of rent and future mesne profits at the rate of Rs.151 per month.

2. The case as set out in the plaint is as follows: The defendant was the tenant of the plaint schedule property on a monthly rent of Rs.75. The Municipality having raised the property tax, the plaintiff demanded rent at the rate of Rs.151 per month from 1.1.1989. Therefore, the plaintiff sent notice of enhancement on 15.12.1988. On 28.12.1988 the defendant sent a reply seeking reduction of rent by the plaintiff apart from making certain other allegations which were all false. Quit notice was issued on 4.4.1989, to which there was a reply sent by the defendant through counsel on 23.4.1989. In the reply the defendant had denied the title of the plaintiff in the suit property. The plaintiff was the owner of the site as well as the building.

3. The suit was resisted by the defendant raising the following contentions: Only the site belonged to the plaintiff. The defendant’s father































































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