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2015 Supreme(Mad) 2

R.MAHADEVAN
Sudhakaran – Appellant
Versus
Vedhavalli Ammal Trust, represented by its President – Respondent


Advocates Appeared:
For the Appellant:N. Mala, Advocate.
For the Respondent:S. Thirumavalavan, Advocate.

Judgment :-

1. The judgment and decree, dated 31.01.2006 made in A.S.No.112 of 2004 on the file of the learned Additional Sub Judge, Tindivanam, confirming the judgment and decree, dated 27.7.2004 and made in O.S.No.351 of 2001 on the file of the learned Principal District Munsif, Tindivanam are under challenge in this memorandum of second appeal.

2. The appellant is the plaintiff in the suit in O.S.No.351 of 2001, whereas the respondent is the defendant.

3. For easy reference and for the sake of convenience, the appellant may hereinafter be referred to as the plaintiff and the respondent be referred to as the defendant wherever the context so require.

4. The brief averments, in the plaint, leading to the filing of the suit before the trial Court are as under:-

a. The plaintiff is the tenant under the defendant in respect of 'A' Schedule vacant land. The plaintiff is having absolute right over the superstructure in 'B' Schedule property. One Mr. Ramanathan, who is the brother of the plaintiff's father, had taken the vacant land for rent at Rs.20/- per month, for running a small industry, from one Rajambal, who was the President of the defendant Trust. On 21.1.1957, the said Rajambal nom





























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