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2013 Supreme(Mad) 2575

A.SELVAM
Kandasamy – Appellant
Versus
A/M. Ekambareshwarar & Kamatchiamman Deity & Temple, Thuraiyur, rep. by its Trustee Somasundaram, Thuraiyur – Respondent


Advocates:
Advocate Appeared:
For the Appellants:V. Singan, Advocate.
For the Respondents:S. Parthasarathy, Senior Counsel for T.V. Sivakumar, Advocate, R1, No Appearance.

Judgment :-

1. These proceedings are the textbook examples of as to how a landlord (Religious Institution) is being tormented by tenants for the past two decades by way of raising paralogism, chop-logic and sophistry.

2. The respondent in Second Appeal Nos.889 of 2010, 890 of 2010 and 892 of 2010 as plaintiff has instituted Original Suit Nos.253, 254 and 255 of 1998 on the file of the District Munsif Court, Thuraiyur for the reliefs of recovery of possession and arrears of rent, wherein the appellant in Second Appeal No.889 of 2010, appellant in Second Appeal No.890 of 2010 and appellants in Second Appeal No.892 of 2010 have been shown as defendant(s). Likewise, the appellants in Second Appeal No.891 of 2010 as plaintiffs have instituted Original Suit No.139 of 1999 on the file of the District Munsif Court, Thuraiyur for the relief of mandatory injunction, wherein the respondents therein have been shown as defendants.

3. In the plaints filed in Original Suit Nos.253 to 255 of 1998, it is averred as follows: The suit property is the absolute property of the plaintiff and one Thangavel Asariyar has had served as a trustee of the plaintiff and subsequently as per order passed in O.A.No
















































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