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2021 Supreme(Mad) 1454

N.SATHISH KUMAR
Vignesh Paramaguru – Appellant
Versus
Arulmigu Paripoorana Vinayagar Kovil – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.V. Subramanian, Senior Counsel for P. Thirumhilmaran
For the Respondents: T.S.R. Venkatramana

JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the decree and the judgment of the trial Court decreeing the suit for recovery of possession, the present appeal is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:-

    The suit property belonged to Vishwakarma Community and the same was managed by the trustees appointed by the Community. There are now six trustees and they are now managing the properties. The plaint is filed by the Managing Trustee. The father of the first defendant became a lessee by a registered deed, dated 21.06.1961 in respect of the first item of property. He was continuing as a tenant by holding over. The rent was enhanced at the rate of Rs.3,000/- per year. After the death of the first defendant's father, the defendants have not paid the rent for the years 95-96, 96-97, and 97-98 for more than three years. Since the Community intended to construct a Marriage Hall, the plaintiff requires the property. But the defendants did not hand over the property. Hence, the suit.

4. The first defendant admitting that his father was in

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