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1961 Supreme(Mad) 20

P.S.KAILASAM
Bethanna Nadar – Appellant
Versus
M. Srinivasan – Respondent


Advocates:
T.S. Kuppuswami Ayyar, for Petitioner.
T.K. Subrahmanya Pillai, for Respondents.

Judgment.-

The petitioner is the plaintiff in O.S. No. 199 of 1958 on the file of the District Munsif’s Court, Tiruvaiyaru. He filed a suit against the respondent-defendant for recovery of possession of the suit property after removing the superstructure and for past and future mesne profits. The trial Court granted a decree, and, as against that decree, the defendant (respondent herein) filed an appeal to the District Judge, West Thanjavur. While the appeal was pending, the parties entered into a compromise and the compromise deed was filed into Court. The Court passed a decree as follows:

“1. That the suit (O.S. No. 199 of 1958, District Munsif’s Court, Tiruvaiyaru) do stand dismissed on condition that appellants (defendants 2, 4 and 5) and 2nd respondent (defendant 3) deposit into Court the arrears of rent till this date at 14 annas per month from the date of institution of plaint, i.e., 18th October, 1957, within two weeks from this date.

2. That appellants and 2nd respondent do attorn to the first respondent (plaintiff) as tenants of the suit site and pay a rent of 14 annas per mensem payable on or before the 30th of each month, the first instalment being payable on 30th July, 1






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