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2017 Supreme(Mad) 693

R.SUBBIAH, M.S.RAMESH
V. Morichetti, S/o. P. V. N. Varadarajan – Appellant
Versus
V. M. N. Charitable Trust by its President Valliyammal – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Dhanyakumar.
For the Respondents: Mr. P. Mathivanan.

JUDGMENT :

R. Subbiah, J.

This appeal has been filed against the judgment and decree dated 30.07.2012 in O.S.No.47 of 2011 passed by the learned Principal District Judge, Namakkal, decreeing the suit filed by the respondent herein for recession of contract dated 30.12.2009 entered into between the respondent and the appellant herein registered as Doc.No.6373/2009 before the Sub-Registrar Office at Rasipuram.

2. The appellant herein is the defendant and the respondent herein is the plaintiff before the Trial Court. For easy reference, hereinafter the parties are referred to as per their rankings in the suit.

3. The facts and circumstances which gave rise to the present appeal are as follows :-

3-1. The plaintiff is a charitable Trust by name V.M.N. Charitable Trust and it is a public Trust registered on 21.08.1998. The suit schedule property is situated in Kattanachampatti Village in S.No.77/3B, T.S.No.1/1B, 1/2B, 1/3, Ward-A, Block-1 at Rasipuram Town. The Plaintiff Trust had got the suit property by way of a Settlement Deed dated 18.11.1999. From the date of the said Settlement, the suit property was in possession and enjoyment of the plaintiff-Trust. In the Trust, there are three Trus














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