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2013 Supreme(Mad) 1894

T.RAJA
Selvanayagi Ammal – Appellant
Versus
Sundara Vinayagar, Sri Selva Vinayagar & Anjaneyaswamy Devasthanam, Rep. by its Chairman U. Purushothaman – Respondent


Advocates:
Advocate Appeared
For the Appellant:Mrs. C.K. Rukmani, Advocate.
For the Respondent:T. Dhanasekaran, Advocate.

JUDGMENT

1. The appellant herein was the defendant and respondent herein was the plaintiff before the trial Court. The present second appeal has been filed by the defendant/appellant herein as against the judgment and decree passed by the learned first appellate Court in A.S.No.86 of 2003, dated 11.04.2005, whereby the judgment and decree passed by the learned trail Court in O.S.No.6325 of 1988, dated 09.08.2001, was reversed.

2. Brief facts leading to the filing of the second appeal are given as under:-

The plaintiff is the absolute owner of a land in Survey No.1696/1, measuring about 17 grounds and 925 sq.ft. in Veeraperumal Mudali Street, Mylapore, Madras-4. Out of the said land, an extent of 3 grounds and 802 sq.ft. was let out to one Narasimhalu Chetty and he was paying the land rent to the plaintiff temple. After his death in the year 1960, his widow Jayalakshmi Ammal was the tenant of the said piece of land, who was also paying the land rent till her death in the year 1975. In the meanwhile, the said Jayalakshmi Ammal, by a settlement deed dated 20.01.1975, settled 875 sq.ft. of land (suit property) out of 3 grounds and 802 sq.ft. in 60/1, Veeraperumal Mudali Street, Mylapo





























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