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1999 Supreme(Mad) 2836

S.S.SUBRAMANI
St. Isables Hospital rep. by its Administrator – Appellant
Versus
A. V. Murugan – Respondent


Advocates:
Mr. T.R. Rajagopal, Senior Counsel for Mr. G.R.M.Palaniappan, Advocate for
Petitioner. Mr. R. Thiagarajan, Advocate for Respondent.

Judgment :

1. Defendant in O.S.No.7746 of 1998 on the file of II Assistant City Civil Court, Madras is the revision petitioner herein.

2. Defendant is St. Isables Hospital and it entered into an arrangement with plaintiff whereby plaintiff was permitted to collect parking fee from the two-wheelers coming to the hospital for which he has to pay Rs. 1,000 per month on the first day of every month. According to plaintiff, the said arrangement is a lease and defendant is not entitled to dispossess plaintiff except in accordance with law. It is said that after the arrangement the monthly payment was enhanced to Rs. 1,500 from 1994 onwards and the same arrangement continues till date. According to him, he employed four persons to look after parking arrangements inside the hospital premises.

3. Reason for filing the suit was that an alleged demand was made by defendant enhancing the amount from Rs. 12,000 per annum to Rs.1.00 lakh per annum, which the plaintiff did not oblige and consequently, defendant threatened to dispossess him. Suit was therefore laid for a decree of permanent prohibitory injunction restraining defendant and their men from interfering with plaintiff’s peaceful poss

















































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