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2019 Supreme(Mad) 1414

N.SATHISH KUMAR
Nanjaiah Brammannda Madam And Vinayagar Temple – Appellant
Versus
P. Nachimuthu – Respondent


Advocates Appeared:
For the Appellant :S. Parthasarathy Senior Counsel for J. Ramakrishnan, Advocate
For the Respondent:S. Saravanan, Advocate

JUDGMENT :

N. Sathish Kumar, J.

This Second Appeal is filed against the judgment and decree, dated 24.03.2007 made in A.S.No.3 of 2007 on the file of the learned II Additional Subordinate Judge and Appellate Authority, Coimbatore, confirming the judgment and decree, dated 15.06.2006 made in O.S.No.1344 of 1996 on the file of the learned I Additional District Munsif, Coimbatore.

2. For the sake of convenience, the parties are to be referred to in their original rank in the suit. The plaintiff is the Trust. The suit properties were in possession of the Trust. The Trust has leaded out the vacant site measuring 150 feet east-west, 20 feet south-north on the east and 65 feet north-south on the west, with a shed, to the defendant on 04.01.1976 on a monthly rent of Rs. 110/-. Similarly, another extent measuring 17 x 15 feet of vacant land on the west of the earlier lease property also leased out to the defendant.

3. Thereafter, a fresh lease deed was executed between the parties on 01.04.1986 on a monthly rent of Rs. 750/- and it was specifically agreed that the rent shall be enhanced to Rs. 50/- per year. The original lease deed was executed for a period of 5 years and on expiry of the perio

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