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2021 Supreme(Mad) 2983

RMT.TEEKAA RAMAN
K. Sornambal (Deceased) – Appellant
Versus
S. K. Subramani – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mrs. Hema Sampath, Mr.P.Valliappan
For the Respondent: Mr. S.Parthasarathy, Mr. K.A.Vimal Kumar

JUDGMENT :

(The case has been heard through video conference)

1. The plaintiffs in the suit in O.S.No.173 of 1987 are the appellants herein.

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

3. The plaintiffs have filed a suit in O.S.No.173 of 1987, before the District Munsif Court, Erode, seeking ejectment of the tenants/defendants from the suit property and for recovery of the vacant site leased out under Ex.A1/rental agreement. The suit was filed based upon Ex.A2/quit notice, dated 22.12.1986, whereby, the defendants were called upon to surrender the vacant possession on or before 07.01.1987 and failing which, they have to pay a sum of Rs.1,000/- per month for usage and occupation of the building along with damages from 01.11.1986 till the date of vacating the vacant site and the said suit was dismissed. Aggrieved against the same, the plaintiffs have preferred an appeal in A.S.No.118 of 1998 and the same was dismissed by the learned Second Additional District Judge's Court, Erode and hence, Second Appeal.

4. The Second Appeal was admitted on the following substantial questions of law:

    1. Whether the courts below were right in their

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