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2008 Supreme(Mad) 96

C.NAGAPPAN
M. Anandan & Others – Appellant
Versus
A. Dakshinamoorthy – Respondent


Advocates Appeared:
For the Appellants:C. Prakasam, Advocate.
For the Respondent:T.R. Rajaraman, Advocate.

Judgment :-

1. The defendants have preferred the present Appeal challenging the judgment and decree dated 111. 1994 made in O.S. No.396 of 1987 on the file of the Court of the Subordinate Judge, Arni.

2. The respondent herein filed the Suit seeking for a decree directing the defendants to pay the Suit Claim of Rs.41,192.50 with subsequent interest and costs.

The case of the plaintiff is that he leased out his rice mill to the defendants on a monthly lease of Rs.5,100/- and the tenancy, which was oral, commenced from 11. 1985 onwards and an advance amount of Rs.20,000/- was paid by the defendants to the plaintiff at the time of tenancy and the defendants were carrying on rice business in the rice mill of the plaintiff and suddenly on 10. 1987 they left the rice mill without informing anything to the plaintiff. According to the plaintiff, the defendants have not paid the monthly lease amount from 11. 1985 to 10. 1985 and a sum of Rs.43,350/- is due by the defendants by way of rent for 8 1/2 months period and the plaintiff has adjusted the advance amount of Rs.20,000/- and the defendants owe rental arrears of Rs.23,350/- to the plaintiff. It is further stated by the plaintiff that th











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