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1986 Supreme(Mad) 466

RATNAM
Sivaperumal, as trustee of Thangam Pillai Trust – Appellant
Versus
N. L. S. Seethalakshmi Ammal (died) – Respondent


Advocates Appeared:
K Alagirisami Counsel for the Appellant.
P Ananthakrishnan Nair, Amicus curiae for third Respt.

Judgment :-

1. Thangam Pillai Trust, represented by its trustee Sivaperumal, is the appellant in this second appeal, which is directed against the judgment and decree of the learned Sub-ordinate Judge, Madurai, in A.S. No. 203 of 1976. That appeal arose out of a suit instituted in O.S. No. 226 of 1975, District Munsifs Court, Madurai Town, by N.K. N.K.R. Dharma Trust, Madurai, represented by its Managing Trustee N.L.S. Seethalakshmi Animal, the first respondent in this second appeal. In that suit, N.K.N.K.R. Dharma Trust sued for recovery of possession of the property bearing door No. 15-J in Srinivasaperumal Koil Street, Madurai, belonging to it and for recovery of arrears of rent and also for damages for use and occupation. One C. Thangam Pillai was the defendant in that suit. According to the case of N.K.N.K.R. Dharma Trust, the site over which the superstructure bearing door No. 15-J was put up belonged to it and was let out to one S.R. Rajendran for a period of five years under the terms and conditions contained in a rent deed marked as Exhibit A1 dated 20-3-1949. On 20-7-1949, under Exhibit B1, the lessee S.R. Rajendran in turn entered into another rent deed in favour of one P











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