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1962 Supreme(Mad) 140

RAMAKRISHNAN, S.RAMACHANDRA.IYER
Alanduraiappar Koil Chithakkadu by its Trustee M. Ramanada Nainar – Appellant
Versus
T. S. A. Hamid – Respondent


Advocates Appeared:
T.K. Subramania Pillai, for Appellant; T.R. Ramachandran, for Respondent.

Judgement

RAMAKRISHNAN, J. :- This appeal is directed against the judgment and decree of the learned Subordinate Judge, Mayuram, in O. S. No. 18 of 1956. The suit was filed for the recovery of Rs. 10,243-8-0 due as arrears of lease. The plaintiff is a temple, Sri Alanduraiappar Koil, Chithakkadu, represented by its present trustees, plaintiffs 1 to 5. The 2nd defendant is the minor son of the first defendant. The temple owned a property called Shandy tope inside Mayuram municipality where fairs are held every Monday and where there are also some shops for carrying on daily sales. The right of collecting dues from the stall-keepers in the market as well as in the shops used, to be leased out. In an auction held on 24-2-1952, the first defendant took this on lease for a term of five years from 1-4-1952 at an annual rental of Rs. 12,000. However, the registration of the lease deed took place only on 12-9-1953. The first defendant became a defaulter, and on 1-1-1956, the arrears of rent stood at Rs. 10,203-8-0. The plaintiff sent a notice demanding these arrears on 4-1-1956. The first defendant sent a reply on 9-1-1956 requesting for remission, and then he prayed for time till 31-3-1956


















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