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2009 Supreme(Mad) 3495

S.RAJESWARAN
S. B. Steel Industries Rep. By its Partner Mr. Rattanlal Tantia & Others – Appellant
Versus
India Re-Rolling Mills, A Partnership firm Rep. By its Partner Mr. Vinod Kumar Fateh Puria – Respondent


Advocates Appeared:
For the Petitioners:Sivam for M/s. Sivam Sundaraj, Advocates.
For the Respondent:M.S. Krishnan Senior counsel for Asha, M/s. Sarvabhuman Associates, Advocates.

Judgment :-

The petitioner is challenging the Order dated 210. 2007 made in I.A.No.741 of 2004 in O.S.No.243 of 2004 on the file of the Principal District Judge, Coimbatore.

2. The defendants in O.S.No.243 of 2004, on the file of the Principal District Judge, Coimbatore are the revision petitioners before this Court.

3. The facts which are necessary for the purpose of disposing of the above Civil Revision petition are as follows:

The respondent herein as plaintiff filed O.S.No.1041 of 2000 for the following reliefs:

a) directing the defendants to deliver vacant possession of suit A schedule property in the same good condition in which the same was leased out and also directing the defendant to deliver possession of B schedule property;

b) directing the defendants to pay plaintiff a sum of Rs.5,60,000/-towards damages for use and occupation of A schedule property;

c) directing the defendants to pay plaintiff Rs.20,000/-p.m. towards damages for use and occupation of the B schedule property from the date of suit till delivery of possession.

4. The plaintiff is a Partnership firm and according to the plaint averments, the plaintiff is the absolute owner of the properties described in Sc






















































































































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