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1996 Supreme(Mad) 1211

S.S.SUBRAMANI
Ellammal – Appellant
Versus
Balaram Naidu – Respondent


Advocates Appeared:
For the Appellant:T.R. Rajagopalan Advocate.
For the Respondent:S. Sampathkumar, Advocate.

Judgment :-

1. Parties in these proceedings will be referred to according to their rank before the trial court.

2. O.S. No. 1320 of 1980 was filed by the respondents in the Second Appeal, for recovery of possession after terminating the lease. The property belonged to a temple, over which, the plaintiffs have got a leasehold right. The same is sub-leased to the defendant/appellant in the Second Appeal. The suit was filed, after terminating the tenancy.

3. In the written statement filed by the defendant, she claimed only the benefit of the Tamil Nadu City Tenants Protection Act (hereinafter referred to as CTP Act). The defendant said that under S. 9, she is entitled to purchase the right of the landlord, since she has put up the superstructure over the same.

4. On the above pleadings, the parties went to trial. The trial court, as per the judgment dated 23.9.1983, dismissed the suit. It also came to the conclusion that the defendant is also not entitled to the benefits of CTP Act.

5. The plaintiffs preferred A.S. No. 748 of 1985. The defendant also wanted to file an appeal against the dismissal of her application under S. 9 of the CTP Act, as an appeal is provided under that Act. By




























































































































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