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1985 Supreme(Mad) 150

P.R.GOKULAKRISHNAN, MAHESWARAN
M. Thilakam and Another – Appellant
Versus
M. R. Radhika and Another – Respondent


Advocates Appeared:
M.R.Radhika Appellant.
Sha Javanmal Kapuraji and Others for Respondents.

Judgment :-

Gokulakrishnan, J.: Defendants 2 and 3 are the appellants and the plaintiff is the Cross Objector. The suit is for a declaration that the plaint schedule mentioned house bearing Door No.28, Venkararaman Street, Srinivasa Avenue, Madras-28, belongs to the plaintiff absolutely and for directing defendants 2 and 3 to deliver vacant possession of the said house to the plaintiff. The plaintiff further prays for directing defendants 2 and 3 to pay to the plaintiff a sum of Rs.3,600/- being the arrears of rent from June, 1980 to December, 1980 and Rs.2,000/- per month thereafter for use and occupation till they deliver vacant possession to the plaintiff.

2. It is the case of the plaintiff that the second defendant is the wife of the third defendant and that defendants 2 and 3 are residing in the suit house on the strength of the lease deed entered into by the second defendant with the mother of the plaintiff. When the plaintiff was a minor, the suit property was purchased by means of a sale deed dated 6-4-1963. Defendants 2 and 3 were inducted as tenants in the suit property by the mother of the plaintiff. While the plaintiff was at the age of 14, the second defendant entered in



















































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