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2014 Supreme(Mad) 3675

S.VIMALA
Prema Vincent – Appellant
Versus
Monica Shirley Rosaling – Respondent


Advocates Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondent:M.L. Ramesh, Advocate.

Judgment

1. The defendant is the Revision Petitioner. The Civil Revision Petition has been filed, challenging the dismissal of the petition to reject the plaint in I.A.No.3936 of 2014.

2. The plaintiff filed a suit in O.S.No.6891 of 2013 seeking the (a) relief of delivery of vacant possession of property (entire first floor) bearing Old No.37, New No.16, III Cross Street, Mandavelipakkam, Chennai 600 028; (b) claiming a sum of Rs.25,000/- per month as rent / damages for use and occupation and (c) relief of injunction restraining the defendants from subletting the property.

3. Brief facts:-

(i) The suit property originally belonged to one Arockiaswamy, who is the grandfather of the plaintiff and the father of the defendant. Arockiaswamy had three daughters, by name, Marita Vasanthi, Blis Marry @ Nalini and Jacqueline.

(ii) The suit property is claimed to be the self-acquired property of the defendant's father, having purchased the same from the Housing Board, through a sale deed, dated 21.02.1976.

(iii) Defendant's father died on 19.05.2005.

(iv) The defendant and three other sisters executed a release deed, dated 20.12.2005, in favour of the plaintiff's father, Augustian, and














































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