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2017 Supreme(Mad) 3849

S.S.SUNDAR
R. ERAKKAPERUMAL – Appellant
Versus
UNION BANK OF INDIA – Respondent


Advocates Appeared:
For the Appellant :Mr. H. Arumugam, Advocate, Mr. K. Vaithilingam, Advocate.
For the Respondents:Mr. Srinath Sridevan, Advocate, Mr. D. Stanley David, Advocate, Mr. K. Govindarajan, Advocate, Mr. D. Stanley David, Advocate.

JUDGMENT :

S.S. Sundar, J.

S.A.(MD) No. 440 of 2014 -The plaintiff in the unnumbered suit in C.F.R.No.650 of 2012 on the file of the District Munsif Court, Thanjavur, is the appellant in the Second Appeal in S.A.(MD)No.440 of 2014.

2. The appellant in this Second Appeal presented a plaint in C.F.R.No.650 of 2012 on the file of the District Munsif Court, Thanjavur praying for permanent injunction restraining the defendants from in any manner interfering with the peaceful possession and enjoyment of the suit property otherwise than due process of law and upon the fourth defendant repaying a sum of Rs. 60,000/- to the plaintiff. The suit property is a shop building measuring 285 square feet wherein the plaintiff is carrying on business under the name "Rose Medicals".

3. The case of the appellant in the plaint are as follows:

3.1. The plaintiff is a tenant in respect of the suit property and he is running a medical shop. The plaintiff is running the shop along with his brother and the business carrying on the suit property is a partnership business as per the partnership deed dated 21.09.1991.

3.2. The plaintiff was legally inducted as a tenant by the fourth defendant under a rent deed dated















































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