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1997 Supreme(Mad) 786

S.S.SUBRAMANI
M. Munusamy – Appellant
Versus
Sri Vedantha Desikar Devasthanam – Respondent


Advocates Appeared:
For the Appellant:S. Sundaragopal, Advocate.
For the Respondent:A. Venkatesan, Advocate.

Judgment :-

1. Third defendant in O.S.No.5514 of 1991, on the file of City Civil Court, Madras, is the appellant.

2. Suit filed by the Sri Vedantha Desikar Devasthanam represented by its Trustees was one for recovery of possession of the schedule property from the defendant.

3. The material averments in the plaint may be summarised as follows:

It is alleged that the plaintiff-Temple is the owner of the schedule property and first defendant was the tenant in respect of the said premises on a monthly rent of Rs.120 per mensem. He was not regular in paying the rent, and has not paid rent from February, 1989. Arrears of rent alone come to Rs.3,480 upto June, 1991. It is said that the first defendant has sub-let the premises to defendants 2 and 3 unauthorisedly without consent. It is further said that the first defendant has also denied title of the plaintiff over the superstructure by indulging in filing a suit in O.S.No.8559 of 1988, on the file of City Civil Court, Madras. In that suit, the present plaintiff was also impleaded as a party, and the prayer was for possession against defendants 2 and 3. Since there is default in payment of rent and there is also unauthorised sub-lease and




















































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