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2020 Supreme(Mad) 225

P.T.ASHA
National Council of Women in India, Tamil Nadu Branch, Represented by its President, Chennai – Appellant
Versus
Arulmighu Kapaleeswarar Koil, Represented by its Joint Commissioner, Executive Officer, Chennai – Respondent


Advocates Appeared:
For the Appellant:T.S. Baskaran, Advocate. For the Respondent:Usha Tholgappian, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 19.04.2005 passed in O.S.No.2630 of 1999 on the file of the II Assistant Judge, City Civil Court, Chennai, and as confirmed by a Judgment and Decree dated 22.09.2006 passed in A.S.No.587 of 2005 on the file of the VI Additional Judge, City Civil Court, Chennai.)

1. The defendant is the appellant before this Court seeking to question the concurrent Judgment and Decree of both the Courts below. The respondent / plaintiff filed a suit for recovery of possession and damages in respect of a property measuring 29 Grounds, situate in a prime locality, namely, a Greenways Road, Adyar, Chennai. The brief facts which has to be alluded to in order to more fully appreciate the Judgment and Decree under challenge is as follows. The parties are referred to in the same array as in the suit.

2. The plaintiff is the owner of over 97 Grounds and 1419 Sq. ft at Greenways Road, Adyar, Chennai. On 27.06.1973 this property was leased out to the defendant under a lease agreement. The lease was for a period of 25 years commencing from 01.07.1972 to 30.06.1996. The rent per month was fi

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