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2011 Supreme(Mad) 4205

G.M.AKBAR ALI, K.MOHAN RAM
Dharmapura Adhinam Mutt rep – Appellant
Versus
Adhinakartha Raghavan – Respondent


Appearing Advocates:
For the Appellant:S. Sounthar, Advocate.
For the Respondent:R2 - K.M. Nalinishree, Advocate.

JUDGMENT :

1. Appeal filed against the judgment and decree made in O.S.No.72 of 2004 dated 29.12.2005 on the file of the learned District Judge, Nagapattinam.

2. The plaintiff is the appellant. The suit property belongs to Dharmapura Aadhina Mutt represented by its Adhinakartha. The suit land was leased out to one Chidambaram Chettiar in the year 1927. He was permitted to put up a construction for the purpose of conducting Rig and Yajur veda pada salai (Samaradhanai) and to feed the students, for which, a paguthi (rent) of Rs.3/-was fixed per Fasli. The said Chidambaram Chettiar executed a paguthi deed dated 10.3.1927 agreeing to run the padasalai with a condition that whenever he was unable to run the said padasalai or violated the terms of the paguthi deed, he should vacate and handover vacant possession of the land to the Mutt. The said Chidambaram Chettiar and after his demise, his son Annamalai Chettiar and after his death, his eldest son, the first respondent herein, continuously enjoyed this property by performing the undertaking given in the paguthi deed.

3. When the 1st respondent violated the condition by subletting the suit property to the third parties, stopped the purpo

















































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