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2019 Supreme(Mad) 2075

T.RAVINDRAN
S. Shanmugam – Appellant
Versus
R. Dhanraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :K. Kalyan Kumar, Advocate

JUDGMENT :

T. Ravindran, J.

1. Challenge in this second appeal is made to the judgment and decree dated 31.01.2019, passed in A.S. No. 313 of 2018, on the file of XVII Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 20.03.2018, passed in O.S. No. 1994 of 2003, on the file of the XV Assistant Judge, City Civil Court, Chennai.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial Court.

3. The suit has been laid by the plaintiff for possession and damages.

4. Briefly stated, according to the plaintiff, the suit property belongs to the Muslim Trust called the Shia Trust and the plaintiff's father Rajagopal Chettiar had taken the same for lease in the year 1948 and constructed a building in the suit property and enjoying the same by paying tax etc., Further, it is also stated that a fresh lease deed was executed in favour of the plaintiff by the abovesaid Trust on 29.01.1988 and it is the case of the plaintiff that the defendants 1 to 4 were the tenants in respect of the suit property, however, failed to pay the rent to the plaintiff subsequent to his father's death and the defendants have also admitted that they

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