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1945 Supreme(Mad) 253

RAJAMANNAR
The Kaleswarar Mills, Ltd. by agent, A. L. A. R. Kalai Raja Chettiar – Appellant
Versus
A. P. Govindaswami Naicker – Respondent


JUDGMENT

Rajamannar, J.

1. The plaintiff (appellant) is a limited company carrying on business at Coimbatore. On 27th January, 1930, the plaintiff company purchased several items of property including a rice mill, houses, a shop, machinery and agricultural land from four brothers, namely, Parasurama Naicker, Srinivasa Naicker, Murugesa Naicker and Manicka Naicker. Defendants 1 to 3 are the sons of Parasurama Naicker. Defendants 4 to 6 are the sons of Srinivasa Naicker. Defendants 7 and 8 are the sons of Murugesa Naicker. Two days after the execution of the sale deed a lease of four items out of the properties purchased was granted by the plaintiff to Parasurama Naicker on a monthly rental of Rs. 40. In 1932 the plaintiff filed O.S. No. 536 of 1932 in the Court of the District Munsiff at Arni, against Parasurama Naicker and his undivided sons, the present first and second defendants (the third defendant was not then born) to eject them from the properties leased and for recovery of arrears of rent. The plaintiff obtained a decree on 5th May, 1933, and the decree was confirmed on appeal on 26th October, 1933. The plaintiff then attempted to obtain delivery of the properties but was met







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