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1995 Supreme(Mad) 493

S.JAGADEESAN
Rajendran – Appellant
Versus
The Nagercoil Municipality, represented by its Commissioner, Nagercoil – Respondent


Advocates:
V. Raghavachari, for Petitioner. Peppin Fernando, for Respondent.

Judgment :-

The petitioner in this C.M.P. has filed the suit in O.S. No.200 of 1995 on the file of District Munsif, Nagercoil against the respondent herein praying for the relief of declaration of his leasehold right over the plaint scheduled property and consequential relief of injunction. It is the case of the petitioner that the respondent auctioned the leasehold right of the plaint scheduled property for a period of one year from 4. 1992 to 33. 1993 for the financial year 1992-93. The petitioner participated in the said auction and he was the highest bidder. As the highest bidder for a sum of Rs.10,92,000 the lease was confirmed by the Municipal Council in favour of the plaintiff. Though the annual lease amount was for Rs.10,92,000 the Municipality collected the amount as monthly rent from the petitioner. After the confirmation the petitioner was asked to sign in a lease deed prepared by the respondent and that the petitioner was directed to pay four months rent at the time of execution of the lease deed and the balance by way of monthly rent for the succeeding months. For subsequent financial years i.e., 1993-94 and 1994-95 leasehold rights were given to the petitioner on the r

























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