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2010 Supreme(Mad) 4739

ARUNA JAGADEESAN
Arulmighu Agastheeswarasamy Koil Velipalayam by its Executive Officer – Appellant
Versus
A. S. M. Jainnulabudeen – Respondent


Advocates Appeared:
For the Petitioner:M.S. Palanisamy, Advocate.
For the Respondent:Srinath Sridevan, Advocate.

Judgment :-

The appellant herein/plaintiff has filed the suit in OS.No.209/95 to pass a judgement and decree, directing the respondent herein/defendant to put the appellant in possession of the suit property, after removing the superstructures constructed by the defendant and directing the respondent to pay Rs.2310/-towards the arrears of paguthi and directing him to pay the future profits from the date of the plaint till the delivery of possession and for costs.

2. The case of the Plaintiff as set out in the plaint is as follows:-a. The suit property absolutely belonged to the plaintiff Temple. Originally 600 sq.ft. and 1800 sq.ft. from the entire extent of the suit property were respectively leased out in favour of one Sundaramohan and N.V.Durairaj for enjoying the same by constructing only temporary thatched huts and they transferred the same in favour of the defendant. On the request of the defendant, the Commissioner of HR&CE passed an order on 6.9.1991 in his favour granting lease for the said total extent of 2400 sq.ft. for the period from 1.7.1991 to 30.6.1994 on a monthly rent of Rs.110/-. In the said order, a condition was also imposed that the defendant should not make an
























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