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2000 Supreme(Mad) 880

D.MURUGESAN
S. M. Ponnaiah Nadar & Sons rep. by its partner S. M. PArunachaIachamy and 6 others – Appellant
Versus
R. C. Diocese of Madurai rep. by its procurator Father S. Jesudasan Arch Bishop’s House K. Pudur, Madurai – Respondent


Advocates:
Mr. S. V.Jayaraman, Senior Counsel for Mr.S.Rajasekar, for Appellants.
Mr.P.Peppin Fernando, Advocate for Respondent.

Judgment :

1. The present second appeal has been filed by the defendants 1 to 3 in the suit as against the judgment and decree dated 24. 93 made in A.S. No. 2 of 1993 on the file of Sub Court, Periakulam confirming the judgment and decree dated 13. 82 made in O.S. No. 597 of 1982 on the file of district Munsif Court, Periakulam. The respondent in the second appeal filed the suit for possession of the suit property as well as the recovery of arrears of rent and damages. The learned District Munsif, Periakulam, on consideration of the facts decreed the suit. Aggrieved by the said judgment and decree, the appellants herein preferred an appeal before the Sub Court, Periakulam. The learned Sub Judge also confirmed the findings of the learned District Munsif and dismissed the appeal. Aggrieved by the judgments and decrees, the present second appeal has been filed by the defendants 1 to 3.

2. When this second appeal came up for admission, Mr.P.Peppin Fernando representing the respondent took notice and the second appeal itself was directed to be posted for final hearing. Accordingly, when this matter was taken up for final hearing on 8. 2000, Mr.S.V.Jayaraman, learned senior counsel appea























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