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2021 Supreme(Mad) 3382

V.BHAVANI SUBBAROYAN
M. Saraswathiammal – Appellant
Versus
A. Esakki Velar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.R.T.Arivukumar, for Mr.N.Ga.Natraj

JUDGMENT :

The concurrent Judgments and decrees passed in O.S.No.249 of 2010 by the Principal District Munsif Court, Tirunelveli and in A.S.No.59 of 2013, by the Principal Sub Court, Tirunelveli, are being challenged in the present Second Appeal.

2. The respondent/plaintiff has instituted a suit in O.S.No.249 of 2010, on the file of the trial Court, directing the defendant to handover the vacant possession of the plaint schedule property to the plaintiff; directing the defendant to pay a sum of Rs.1,500/- being the monthly rent from September 2009 to February 2010 together with interest thereon at the rate of 12% per annum till the date of realization and also directing the defendant to pay a sum of Rs.400/- per month as damages from March 2010 upto the date of handing over the vacant possession of the suit schedule property by the defendant to the plaintiff for his unauthorized use and occupation of the suit schedule property together with interest at the rate of 12% per annum till the date of realization, wherein, the present respondent has been shown as defendant.

3. The case of the plaintiff is that the plaintiff is the absolute owner of the suit property, which is a residential b

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