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2016 Supreme(Mad) 3947

T.RAVINDRAN
V. Chandrasekaran – Appellant
Versus
Venkatanaicker Trust Rep. by its Manager, Thiru E. V. K. S. Elangovan – Respondent


Advocates Appeared:
For the Appellants : Mr. S.V. Jayaraman, Senior Counsel.
For the Respondents:Mr. P. Valliappan, Advocates.

JUDGMENT :

T. Ravindran, J.

The appellants 2 to 4 before the first Appellate Court have in this Second Appeal impugned the judgment and decree dated 02.09.2010 made in A.S. No. 71 of 2009 on the file of the Principal Subordinate Judge, Erode, confirming the judgment and decree dated 14.09.2009 made in O.S.No.316 of 1997 on the file of the Second Additional District Munsif Court, Erode.

2. Suit for possession and damages.

3. Shorn of unnecessary details, the case of the plaintiff is as follows:

The plaintiff's Trust is represented by its Manager E.V.K.S. Elangovan. The suit property belonged to the plaintiff and that the same was leased out to the defendant. In as much as the defendant was not regular in the payment of rent and also as the property is required by the plaintiff for putting up shopping complex to augment its income, the plaintiff by notice dated 13.06.1997 terminated the tenency of the defendant and despite the same the defendant did not vacate the suit property and hand over the possession, instead sent a reply containing false allegations. Hence, the suit.

4. The case of the defendant in brief is as follows :

The defendant has taken various pleas to non suit the plaintiff.




































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