S.PALANIVELU
A. Ahmed Ali – Appellant
Versus
A. Venkatesh – Respondent
1. Since both appeals have been filed by both parties from the Judgment in O.S.No.4700 of 2004 and also the questions to be answered are the same, this Common Judgment is rendered.
2. The following are the averments contained in the plaint filed in O.S.No.4700 of 2004:
2.(a) The plaintiff is residing at New No.9, Old No.7, 'A' Block, M.M.D.A. Colony, Arumbakkam, Chennai-106 for the past 17 years. He initially came to the premises as tenant under one J.Mariadoss, Power of Attorney of one L.Joseph, for a monthly rent of Rs.500/-. During the year 1992 J.Mariadoss refused to receive the rent from him, so he was constrained to file petition before the Rent Controller under Section 8(5) of the TNB (L&R) Act in RCOP No.2595 of 1992 and the same was allowed and the plaintiff was committed to deposit the rent into the Court.
2.(b) When the owner of the house L.Joseph made his attempts to dispose of the property to some third party, the plaintiff expressed his willingness to purchase the same in the end of 1994, but before the dealing was over, the defendant purchased the property from L.Joseph through J.Mariadoss in 1995. The defendant issued legal notice to the plaintiff on 5.
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