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2001 Supreme(Mad) 415

PRABHA SRIDEVAN
K. Sadasivam – Appellant
Versus
B. Harikrishnan – Respondent


Advocates Appeared:
Mr. S.Sadasharam, Advocate for Appellants. Mr. A. Venkatesan, Advocate for Respondent.

Judgment :

1. Thedefendants are the appellants. The case of the respondents is as follows: He is a tenant of the land in old No. 77, New No. 128, Gangadeshwar Koil Street, Chennai - 4, which belongs to the Devasthanam. Four shops were constructed by one Vadivelu Mudaliar, who sold those shops to the respondent's father K.P. Radhakrishnan alongwith the leasehold right. Therefore, the respondent's father became a direct tenant under the Devasthanam and he was carrying on the business of Astrology. After his death the respondent became entitled to the shops since his mother had given up her rights in favour of the respondent. The shop in dispute is the second shop where the respondent is carrying on business under the name and style of Malayala Jothida Nilayam. The respondent had earlier filed O.S.No.67 of 1990 for possession. The respondent claimed the right to purchase the land under Section 9 under the Tamil Nadu City Tenants Protection Act. The suit is still pending. After the death of his father, the respondent's maternal grandfather M.K. Pillai,who is the appellant's father (M.K.P. in short) was carrying on the business as Astrologer in Shop No.2. After the death of the grandfat









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