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2009 Supreme(Mad) 5507

R.BANUMATHI
Arunagiri – Appellant
Versus
Dr. Jayalakshmi & Another – Respondent


Advocates appeared:
For the Appellant:P. Jagadeesan, Advocate.
For the Respondents: V. Nicholas (Caveator)

Judgment

This Second Appeal is preferred against judgment in A.S.No.66 of 2008 on the file of Sub Court, Pollachi confirming judgment of the trial Court passed in Ejection Suit in O.S.No.402 of 2007. Unsuccessful defendant is the appellant. For convenience, parties are referred to in their original rank in the suit.

2. Second plaintiff is the son of first plaintiff. Case of plaintiffs is that they are the owners of the suit property, which was let out to the defendant for using it as a godown for storing and keeping LPG gas cylinders for the purpose of distributing the same to the defendants customers. Defendant is an agent of LPG gas cylinders running in the name and style "Valliammal Gas Agency". The tenancy commenced in the year 1994 on a monthly rent of Rs.2,000/-. Defendant had put up a temporary shed for running his business. In the year 1992, defendant attempted to sublet the suit property and the plaintiffs filed suit in O.S.No.401 of 1992 for permanent injunction. Since defendant stopped his attempts to sublet the suit property, the said suit was not pressed on 13.01.1993. In June 1995, parties agreed to enhance the rent to Rs.2,100/- and a fresh lease agreement was to be
































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