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2016 Supreme(Mad) 3338

T.RAVINDRAN
Hebshiba William (since deceased) – Appellant
Versus
C. S. I. Wesly Church, Ketti Rep. by Rev. T. K. Stephen Raj Ebenezer – Respondent


Advocates Appeared:
For the Appellants : Mr. D. Jayasingh, M/s. Devadason & Sagar.
For the Respondent: Mr. N. Ramesh, M/s. J. Franklin.

JUDGMENT :

The defendants have challenged the Judgment and Decree of the Subordinate Court, Udhagamandalam made in A.S.No.11 of 2010 dated 08.09.2010 confirming the judgment and decree of the District Munsif Court, Coonoor made in O.S.No.13 of 2000 dated 17.11.2009.

2. The suit is for recovery of possession and for damages.

3. The averments in the plaint are briefly stated as follows:

The plaintiff is the landlord of the suit property and the defendants are the tenants under the plaintiff on a monthly rent of Rs.100/-. As the plaintiff required the suit property for its necessity, it had requested the defendants to vacate and hand over the possession and despite promise, the defendants delayed in handing over the possession of the suit property. Hence, the plaintiff issued a legal notice on 06.09.1999 terminating the tenancy and despite the same, since the defendants did not comply with the demand made in the legal notice and on the other hand, sent a reply containing false allegations, the suit has been laid.

4. The averments in the written statement filed by the defendants are briefly stated as follows:

The suit is not maintainable either in law or on facts. It is admitted that the pla












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