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1997 Supreme(Mad) 240

S.S.SUBRAMANI
S. Nagamanickam – Appellant
Versus
Gopalakrishnan & Brothers – Respondent


Advocates:
R. Desabandhu, for Mrs.PBagyalakshmi and others for Petitioner.
M.S. Umapathy, for Respondent.

Judgment :

This revision petition is filed by the plaintiff against the judgment in C.M.A. No.3 of 1992, on the file of the Subordinate Judge, Karur.

.2. The relevant facts which are necessary for the disposal of this revision petition may

be summarised as follows:

Plaintiff is the owner of the entire plaint schedule property. Apart from the subject matter of the suit, some more area was in the possession of the defendant, on the basis of a lease of the vacant site. Petitioner purchased the entire property and filed a suit O.S.No.459 of 1973, for eviction of the respondent. A compromise was entered in that case whereunder a portion was surrendered to the plaintiff wherein he has now put up a construction and is residing therein.

3. In so far as the plaint schedule property is concerned, defendant claimed the benefit of Sec.9 of the City Tenants Protection Act. It is his case that on the basis of the lease of the vacant site, taken for commercial purpose, he has put up superstructures therein and entitled to purchase the area from the landlord. He, therefore, filed OJRNo.40 of 1975. The trial Court as well as lower appellat Court dismissed his application and declared that the res



























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