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2001 Supreme(Mad) 734

K.GOVINDARAJAN
D. Sreenivasa Mudaliar Charity – Appellant
Versus
Dhanasekaran – Respondent


Advocates Appeared:
Mr. K. Yamunan, for Mr. G. Jayachandran, Advocates for Appellant. Mr.A. Venkatesan, Advocate for Respondents Nos.1 & 2, Mr. T. Viswanatha Rao, Advocate for Respondents Nos.4 to 9.

Judgment :

1. Theunsuccessful plaintiff before the courts below has filed this second appeal.

2. Theplaintiff filed a suit in O.S.No.5983 of 1982 on the file of the City Civil Court, Madras for recovery of possession of the suit property bearing door No.90, New Door No.46, Kodambakkam High Road, Madras-17 from the defendants on receiving a sum of Rs.3,000 as compensation for the superstructure standing on the suit property and for arrears of rent and damages.

3. According to the plaintiff, one Saradambal purchased under Ex.A1, dated 27.7.1944 measuring an extent of 7 grounds, 2382 sq.ft., but the actual measurement is 8 grounds, 936 sq.ft. According to the plaintiff, in 1957 the said Saradambal leased out a portion of the land measuring one ground and 890 sq.ft. the suit property, for carrying on firewood depot business, to one Kannammal, who is the mother of the 1st defendant and wife of the 2nd defendant. The said Kannammal died in 1975. But the rent was sent by the 2nd defendant to Saradambal. The said Saradambal issued a notice under Ex.A2, dated 24.2.76 asking the 2nd defendant on what basis the 2nd defendant has been sending the rent. A reply was sent under Ex.A4 dated 17.4.7








































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