T.MATHIVANAN
Indian Oil Corporation Ltd. , rep. by its Chief Divisional Manager – Appellant
Versus
Indian Institute of Engineering Technology, rep. by its secretary – Respondent
1. Challenge is made in this appeal to the Judgment and Decree dated 17.07.2008 and made in O.S.No.5000 of 2007, on the file of the learned VI Additional Judge, City Civil Court, Chennai.
2. The defendant in the suit is the appellant herein, whereas the plaintiffs are the respondents.
3. For easy reference, the original legal character of the parties to the suit may not be changed and be it as it is in the suit.
4. The facts, which are absolutely necessary for the disposal of the appeal are as under:
4.1. The suit is filed by the plaintiffs against the defendant seeking the following remedies:
i. to quite and deliver vacant possession of the piece, part and parcel of the plot of land to an extent of 8995 sq.ft., situated in Survey No.327/1, Arcot Road, Kodambakkam, Chennai-24, after removing the installations, fixtures, fittings, super structure and buildings thereon; ii. to pay a sum of Rs.4,80,000/-being the past damages payable for the use and occupation of the suit property, together with the interest at the rate of 18% per annum for the said sum of Rs.4,80,000/- from the date of the plaint till the date of realisation;
iii. to pay future damages at the rate of Rs.2
Shanti Prasad Devi & anr. v Shankar Mahto & ors. (2005) 5 SCC 543 = 2005-3-LW 716
R. Kempraj v M/s. Barton Son and Co. AIR 1970 SC 1872 : (1969) 2 SCWR 410 :
Ganesh Sonar v Purnendu Narayan Singha AIR 1962 Pat 201
Hindustan Petroleum Corporation Ltd. v Devaraj Chordia 2005 (2) CTC 401
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