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2009 Supreme(Mad) 1866

ARUNA JAGADEESAN
V. X. Joseph – Appellant
Versus
M. Saraswathi & Others – Respondent


Advocates Appeared:
For the Petitioner:C. Jose Ukkur, Advocate.
For the Respondents:Chitra Sampath, Advocate.

Judgment :-

1. The suit is for recovery of possession from the defendants 1 and 2 in respect of Schedule I property and from the third defendant regarding Schedule II property and for damages for use and occupation at the rate of Rs.1,000/-per month for 21 months as regards Schedule I property and at Rs.500/-per month for 21 months as regards Schedule 2 property and also for permanent injunction against the defendants from demolishing and reconstructing or alienating the property.

2. The case of the plaintiff is as follows:

(i) The plaintiff is the owner of the front portion of premises No.282, S.N.Chetty Street, facing the street having purchased the same from Dr.Pasupathy in the year 1978 and put up four storeyed building. Behind the said property, in respect of a shed situated to the West in Survey No.282, S.N.Chetty Street originally the plaintiff was the tenant and along with the said superstructure in an area of 475 sq.ft., he claims to have purchased a vacant space of 250 Sq.ft and also towards West a kutcha structure with tiled roof of an area of 525 Sq.ft let out to the 2nd defendant by Dr.Pasupathy, totally 1250 Sq.ft. He entered into an agreement of sale on 17. 1980 and i



















































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