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2019 Supreme(Mad) 3365

M.GOVINDARAJ
T. K. K. N. N. Vysya Charaties – Appellant
Versus
Global Plastics – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V. Raghavachari, Advocate for S.N. Kirubanandam, Advocate
For the Respondents:S. Parthasarathy, Senior Counsel for B.K. Singh, Advocate

JUDGMENT :

M. Govindaraj, J.

1. This Civil Miscellaneous Appeal has been preferred against the remand order dated 24.08.2018 passed by the Lower Appellate Court in A.S. No. 8 of 2018.

2. The defendants/counter claimants are the appellants herein. For the sake of convenience, the parties are ranked as per their rank in the main suit.

3. The plaintiff was inducted as a tenant under the defendants to carry on their Partnership firm under the name and style of "M/s. Global Plastics". Originally, the plaintiff filed a suit in O.S. No. 2443 of 2014 for permanent injunction restraining the defendants from forcibly evicting them from the suit property without due process of law. The defendants raised their counter claim in their written statement seeking relief to direct the plaintiff to vacate and deliver vacant possession of the suit property and to determine the mesne profits at Rs. 28,000/- per month or such other rate from the date of the suit till the date of delivery of possession. The defendants paid appropriate Court fee for the relief of delivery of vacant possession and undertook to pay differential Court fee at such rate of mesne profits determined by the Court. Later, by a memo da

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