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1999 Supreme(Mad) 855

S.S.SUBRAMANI
Sengappan – Appellant
Versus
Arumbatha Veda Vinayagar Temple, represented by its Hereditary Trustee, Arumbatha Vinayagam (died), Pondicherry & Others – Respondent


Advocates:
R.Subramanian, for Appellant. S.P.L.Palaniappan, for Respondents.

Judgment :

The defendant in O.S.No.203 of 1992 on the file of the First Additional District Munsif Court at Pondicherry is the appellant.

2. The plaintiff filed the suit for eviction and for recovery of arrears of rent. Ex.A-3 is the lease deed dated 10. 1980. It is stated in the plaint that the defendant in the year 1980 approached the plaintiff for taking of lease of the vacant site which is scheduled in the plaint for his residence and the plaintiff agreed for the same and on 10. 1980, the defendant executed the lease deed; agreeing to pay monthly rent of Rs.5 and the lease period agreed is three years and an amount of Rs.50 was also paid as advance. The lease period expired on 10. 1983 and the defendant is holding over the tenancy. The defendant has defaulted in paying rent from October, 1990 and continued to default till date. A notice was issued terminating the tenancy on 3. 1991. But the defendant has neither vacated the premises nor he had paid the rents arrears. It is further alleged that the property is required for the own occupation of the plaintiff. A suit was therefore, laid for evicting the defendant from the plaint scheduled property and also for recovery of arrears


































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