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1934 Supreme(Mad) 55

SUNDARAM CHETTY
K. Gnanadesikam Pillai – Appellant
Versus
Antony Benathu Boopalarayar – Respondent


JUDGMENT

Sundaram Chetty, J.

1. This appeal arises out of a suit filed by the plaintiff for the recovery of a Bum of Rs. 8,981-14-8 alleged to be due under a registered lease-deed dated 19th January 1911 and executed by defendant 1, under which there was an agreement to pay an annual rent of Rs. 368-8-0. Properties comprised in the lease-deed were mortgaged by defendant 1 with possession to the plaintiff under a mortgage-deed dated 18th January 1911 for Rs. 2,500. The mortgage-deed and the lease-deed have been filed as Exs. A and E respectively. The suit is for the recovery of the arrears of rent due under the aforesaid lease-deed and the charge created under Ex. E is also sought to be enforced. According to the contention of defendant 1, the usufructuary mortgage was for a term of two years and the lease granted by the mortgagee was also for the same period of two years, and that at the end of that term, he surrendered possession to the plaintiff, as he did not pay either the arrears of rent or the mortgage amount. His case is that the plaintiff himself was in actual enjoyment of the properties since then. There is also the plea of limitation. One of the questions for consideration






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