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2015 Supreme(Mad) 2099

R.MALA
Trilochini (Deceased) – Appellant
Versus
Chitralekha – Respondent


Advocates:
Advocate Appeared:
For the Appellants :M. Vaidyanathan, Advocate.
For the Respondent:N. Jayabalan, Advocate.

Judgment :

1. The second appeal arises out of the judgment and decree dated 25.07.2000 made in A.S.No.253 of 1999 on the file of the learned VII Additional District Judge, City Civil Court, Chennai, reversing the judgment and decree dated 22.12.1998 passed in O.S.No.790 of 1995 on the file of the learned II Assistant Judge, City Civil Court, Chennai.

2. The averments made in the plaint are as follows:-

The plaintiff is the absolute owner of the suit property having been allotted under Ex.A.1/Family arrangement The defendant herein is the daughter of the plaintiff's elder sister Anusuya Bai. The plaintiff is employed as a Doctor in Malaysia and has been residing in Malaysia. During her absence, the plaintiff permitted her sister Anusuya Bai to reside in the suit premises. The said Anusuya Bai died and the defendant herein who had been residing with her mother was permitted by the plaintiff to continue to reside in the premises. In the year 1993, the plaintiff had requested the defendant to hand over vacant possession and the defendant had promised to vacate before December 1993. However, as the defendant failed to vacate the premises, the plaintiff issued a Ex.A.2/notice, dated 12.03.1


































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