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1996 Supreme(Mad) 1250

ARUNA JAGADEESAN
S. Jaganathan Rao – Appellant
Versus
M. G. Vital Rao – Respondent


Advocates Appeared:
For the Appellants:R. Karuppan, Advocate.
For the Respondent:M.N. Varadarajan, Advocate.

Judgment :-

1. The defendants in O.S. No.7922 of 1982 on the file of the 18th Assistant City Civil Judge, Madras, are the appellants herein. The respondent herein filed the suit for declaration of his title to the suit property, for recovery of possession and for mesne profits. The plaintiffs case is that he is the owner of the property and the first defendant is the tenant under the predecessor-in-title of the plaintiff. Defendants 2 to 5 are also in possession of the property as tenants. Since the first defendant denied the title of the plaintiff, the suit has been filed. The first defendant filed written statement claiming title to the suit property and the defendants 2 to 5 are the tenants under him. Defendants 2 to 5 also filed written statement contending that the first defendant is the owner of the property and they are the tenants under the first defendant. Further, they pleaded that they are entitled for the benefit of the Tamil Nadu Buildings (Lease and Rent Control) Act. The trial court by its judgment and decree dated 19.7.1994 has decreed the suit as prayed for, finding that the plaintiff is the owner of the property and the first defendant has failed to establish his c













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