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2021 Supreme(Mad) 3333

C.SARAVANAN
Jayant Cycle & Motor Co. – Appellant
Versus
Arcot Lutheran Church, Represented by the Secretary of the Church Board, No. 9, A. L. C. Complex, Cuddalore – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s.Shah and Shah
For the Respondent: Mr.Srinath Sridevan

JUDGMENT :

This Second Appeal has been filed by the unsuccessful defendant against the impugned Judgment and Decree dated 04.11.2011 passed by II Additional City Civil Court (hereinafter referred to as First Appellate Court) in A.S.No.444 of 2010.

2. By the impugned Judgment and Decree, the First Appellate Court has dismissed the appeal in A.S.No.444 of 2010 filed by the appellant against Judgment and Decree dated 03.03.2010 passed by the XVIII Additional Judge, City Civil Court (hereinafter referred to as Trial Court) in O.S.No.2451 of 2008.

3. The respondent herein had leased out a property to the appellant. The respondent had filed O.S.No.2451 of 2008 against the appellant to deliver vacant possession of the suit schedule property under Section 9 of CPC read with Order VII Rule I of CPC.

4. In the said suit, the appellant had set up a defence that the respondent was a mere society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975 and was not a Public Religious Trust within the meaning of G.O.Ms.No.2000, (Home) dated 16.08.1976 and therefore the s

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