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2015 Supreme(Mad) 3563

G.CHOCKALINGAM
Thanthi Trust – Appellant
Versus
Apex Agencies – Respondent


Advocates Appeared:
For the Appellant : V. Shanmugham
For the Respondents: C. Manishankar

ORDER :

G. Chockalingam, J.

1. The applicant is the first defendant in the suit which is filed for recovery of a sum of Rs. 2,44,91,565/- being the rental arrears due from the defendants as per the order of the learned Rent Controller from 28.04.1995 till January 2004, together with interest at the rate of 18% per annum from the date of the plaint till the date of realisation, and for costs of the suit. This application is filed by the applicant/D1 for rejection of the plaint in C.S. No. 231 of 2004, stating that the claim in the suit is based on the order of the learned Rent Controller, Chennai, dated 04.11.1997 in R.C.O.P. No. 1468 of 1995, in which, a sum of Rs. 2,33,253/- per month was fixed as fair rent for the premises under the occupation of the first defendant, which was confirmed in appeal in the order of the appellate authority, dated 20.12.2002 in R.C.A. No. 242 of 1999. The applicant/D1 is a public charitable Trust, represented by its Managing Trustee. No document is annexed to the plaint to show that the applicant/D1 is liable to pay the alleged arrears of rent as claimed in the plaint. The plaint does not disclose the cause of action to claim the alleged arrears of rent








































































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