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2008 Supreme(Mad) 3128

S.NAGAMUTHU
S. Samy – Appellant
Versus
Valliammal – Respondent


Advocates Appeared:
For the Appellant:K. Kalyana Sundaram, Advocate.
For the Respondent: -------

Judgment :-

The defendant is the appellant. The respondent/plaintiff filed O.S.No.256 of 1989 on the file of the learned District Munsif, Udumalpet, for recovery of possession and for rent. The learned District Munsif by decree and judgment dated 12.07.1995, dismissed the suit. Challenging the same, the respondent/plaintiff filed A.S.No.75 of 1996 on the file of the learned Subordinate Judge, Udumalpet. The learned Subordinate Judge, by decree and judgment dated 010. 1999, allowed the appeal thereby setting aside the decree and judgment of the trial Court. The First Appellate Court granted three months time for the appellant/defendant to hand over possession to the respondent/plaintiff and in respect of the arrears of rent, the First Appellate Court gave liberty to the respondent/plaintiff to approach the trial Court to withdraw the rent which was deposited during trial of the case. Challenging the same, the appellant/defendant has come forward with this second appeal.

2. For the sake of convenience, in the judgment, the appellant shall be referred to as the defendant and the respondent as the plaintiff.

.3. The case of the plaintiff in short is as follows:-

.The plaintiff is th
















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