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1999 Supreme(Mad) 816

S.JAGADEESAN
Papichetty Ragaviah Chetty s Charities, rep by its Trustees – Appellant
Versus
The State of Tamil Nadu rep. by Secretary to Government, Transport Department – Respondent


Advocates Appeared:
For the Petitioner:R. Krishnamoorthy, Senior Counsel for A. Jinasenan, Advocate.
For the Respondents:V.M. Rajavelu, Special Government Pleader, C. Krishnan for D. Krishna Kumar, Additional Central Government, Advocate.

Judgment :-

The petitioner is a religious and Charitable Institution. One of the properties of the petitioner trust is at Door No. 171, Poonamallee — High Road of an extent of 16 grounds with three buildings. Out of the three buildings, one building had been let out to R.M.S. Division, the third respondent herein in the year 1965. The lease period is for 10 years. After the expiry of the lease term, the Department though agreed to execute further lease but did not do so. Since the lease was not extended, the petitioner filed O.S 1889/76 on the file of City Civil Court, for eviction against the third respondent. The suit was decreed on 17.7.78 granting six months time for the third respondent to vacate and handover possession. After the decree, the third respondent negotiated for further lease at the monthly rent of Rs. 4,090/-. While the matter was pending correspondence, the Postal Department moved the second respondent herein for requisitioning the property. In September 1980 notice under the Requisition and Acquisition of Immovable Properties Act, 1952 was issued and thereafter action was initiated to acquire the entire 161/2 grounds with the buildings thereon. Section 4(1) notif



























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