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2021 Supreme(Mad) 3319

G.R.SWAMINATHAN
Krishna Pillai – Appellant
Versus
S. Anbu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.K.P.Narayana Kumar
For the Respondent: Mr.R.J.Karthick, for Mr.R.Subramaniam.

JUDGMENT :

The defendant in O.S.No.403 of 2007 on the file of the Principal District Munsif, Nagercoil, is the appellant in this second appeal.

2. The respondent herein, namely, Anbu filed the said suit seeking recovery of a sum of Rs.60,000/- with interest at the rate of 12% p.a. from the date of plaint till the date of payment. The case of the plaintiff is that he is the owner of Jeyalakshmi Modern Rice Mill, bearing Door No.154, Puliyadi, Kalungadi Road, Vadasery Village. The defendant took over possession of the said Modern Rice Mill as lessee. After entering into rent deed dated 25.02.2004, the defendant deposited a sum of Rs.5,00,000/- with the plaintiff. It was agreed that the monthly rent will be Rs.30,000/-. The agreement was to be for a period of three years. The allegation of the plaintiff is that for the first 18 months the defendant paid the rent regularly and thereafter, he defaulted. The plaintiff lodged a complaint before the local police station for recovering the arrears of 6 months rent to the tune of Rs. 1,80,000/-. Though the defendant admitted his liability and agreed to clear the same, he paid only a sum of Rs.30,000/- on 11.04.2006. Thereafter, the defendant f

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