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2001 Supreme(Mad) 37

S.JAGADEESAN
Arulmighu Swaminathaswamy Devasthanam at Swamimalai represented by its Assistant Commissioner/Executive Officer – Appellant
Versus
Jagannathan – Respondent


Advocates Appeared:
Srinath Sridevan, for T.Susindran, for Appellant. S. Parthasarathy for M/s.Sarvabhauman Associates, for Respondent.

Judgment :-

1. The defendant/ devasthanam in the suit is the appellant herein. The respondent filed the suit O.S.No.650 of 1981 on the file of the District Munsif, Kumbakonam for bare injunction stating that on 31.3.1969 he entered into a lease agreement in respect of the suit property and pursuant to which he has to covert the land into a coconut thope and thereafter surrender possession to the defendant Devasthanam. The lease period is five years. The respondent can cultivate intermediary crops and pay a sum of Rs.1,800 by way of annual lease to the appellant Devasthanam. As per the said agreement, the respondent planted 600 coconut saplings of which 571 are new well grown trees. The number of yielding trees are only 151. Even though the lease period agreed upon was five years, the respondent continued to be lessee till the date of filing of the suit and he has also paid the lease amount regularly without any arrears. While so, the appellant Devasthanam brought the thope for auction on 9.7.1981. Hence, the suit has been filed for a bare injunction as the respondent incurred an expense of Rs.10,000 for the installation of pumpset and another Rs.10,000 for the construction of shed t





























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