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2013 Supreme(Mad) 1647

G.RAJASURIA
S. Shanmugalakshmi – Appellant
Versus
Mukthi Vinayagar Temple rep. By its Hereditary Trustees – Respondent


Advocates Appeared:
For the Appellants:C.P. Patabiraman, Advocate.
For the Respondents:G. Thangavel, Advocate.

Judgment :-

1. This Second appeal is focussed animadverting upon the judgment and decree dated 03.11.2011 passed in A.S.No.370 of 2009 by the I Addl. Judge, City Civil Court, Chennai, confirming the judgment and decree dated 09.01.2009 in O.S.No.8840 of 2006 passed by the VII Assistant Judge, City Civil Court, Chennai.

2. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Compendiously and concisely, the germane facts absolutely necessary for the disposal of this Second Appeal would run thus:

The plaintiff, namely, Mukthi Vinayagar Temple rep. by its Hereditary Trustee Vasantha, filed the suit for eviction of the defendants, on the main ground that the defendants are the tenants under the plaintiff; however they committed default in paying the rent; apart from causing damage to the suit property, and despite terminating the tenancy by issuing notice as per Section 106 of the Transfer of Property Act, they refused to vacate the suit property.

4. Per contra, the defendants filed the written statement challenging and impugning the averments/allegations in the plaint, detailing and delineating the following facts:

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