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2016 Supreme(Mad) 2547

R.MALA
Managing Director, Tamil Nadu Tourism Development Corporation – Appellant
Versus
R. Manoharan – Respondent


Advocates Appeared:
For the Appellants : Mr. K. Chellapandian Senior Counsel for Mr. R. Murali.
For the Respondent: Mr. K.S. Sankar Murali.

JUDGMENT :

1. The appellants, as defendants who lost the legal battle before both the Courts below have come forward with this Second Appeal challenging the Decree and Judgment passed in A.S.No.23 of 2015, dated 14.08.2015, by the II Additional District Judge, Tiruchirappalli by confirming the judgment and decree made in O.S.No.704 of 2014 on the file of the Principal Subordinate Judge, Tiruchirappalli, dated 30.04.2015.

2. Heard the learned counsel for the appellant, the learned Counsel for the respondents and perused the materials available on record.

3. The respondent herein as plaintiff filed a suit for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment, except due process of law by stating that the first defendant is the owner of the suit property. The plaintiff is a lessee and the first defendant entered into an agreement dated 28.07.2003 under which the plaintiff is running a restaurant in the suit property. The essential terms of the agreement are as follows:

a. The lease is for a period of 10 years.

b. The franchise fee per year is Rs.5,06,000/-. The plaintiff has to pay the annual escalation of 10% every year for the sam
































































































































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