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1998 Supreme(Mad) 637

S.S.SUBRAMANI
Chhaganlal Jain – Appellant
Versus
T. K. Hamid Sultan – Respondent


Advocates Appeared:
For the Petitioner:M. Ranka, Advocate.

Judgment :-

1. This revision is filed by the defendant in O.S. No. 3877 of 1987, on the file of V Assistant City Civil Court, Madras.

2. The respondent herein filed a suit for mandatory injunction directing the petitioner to remove all the new constructions put up in the suit property described in the schedule and to restore the same to its original condition by replacing all the fittings removed by him from the suit property, for permanent prohibitory injunction restraining the defendant, his men and agents from proceeding with the construction or altering the superstrcutre or additions to the suit property and further to direct the defendant to pay damages of Rs. 19,000/- caused by him together with interest at 12% p.a., from the date of plaint till date of payment, and for costs.

3. In the body of the plaint, it is stated that the plaintiff is the owner of the premises at No. 127, Audiappa Naickan Street, Madras-1 and the petitioner is the tenant of the shop measuring 25 40 in the ground floor portion, on a monthly rent of Rs. 750/-. It is said that the petitioner is carrying on the kirana business under the name and style of ‘Jeep Traders’. When the plaintiff was away from Madra













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