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2021 Supreme(Mad) 652

G.JAYACHANDRAN
Pattammal (deceased) – Appellant
Versus
S. Arumugasamy – Respondent


Advocates Appeared:
For the Appellants :T.R. Rajagopalan, Senior Counsel for S.R. Sundar, Advocate.
For the Respondents: K. Perumal, T.M. Pappaiah, Special Government Pleader.

JUDGMENT :

Prayer: Appeal Suit has been filed under Section 96 read with Order 41, Rule 1 of the Civil Procedure Code against the judgment and decree dated 15.06.2015 in O.S.No.12779 of 2010 on the file of III Additional City Civil Court, Chennai.

1. The appellants herein are the legal heirs of the deceased Pattammal. The suit was filed against them by one Arumugasamy seeking relief of specific performance in respect of the suit schedule property and permanent injunction restraining them and their agent from altering the physical features of the suit property or creating any encumbrance or charge over it.

2. The suit was laid on the premises that one late Arumugam was the owner of the suit schedule property, which was purchased by him from Tamil Nadu Slum Clearance Board. He put up construction of three rooms and four shops in the said property. The plaintiff entered into a rental agreement with Arumugam in the year 1987 to run a provision shop in shop No.3. The tenancy was renewed time to time. The plaintiff continue to be in possession and enjoyment of the shop in the said suit property as a tenant. In the year 1999, the said Arumugam fell ill seriously. At the time, Arumugam and hi

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