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2022 Supreme(Mad) 387

R.PONGIAPPAN
P. Thambi (deceased) Vasantha – Appellant
Versus
Official Trustee of Tamilnadu, Rep. by the Trust Estate of Kadappakkam Charities – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.A.V.Arun for Mr.R.Sugumaran
For the Respondent: Mr.K.Seetharam

JUDGMENT :

This appeal is focused as against the judgment and decree dated 17.08.2010 made in A.S.No.179 of 2007 on the file of the learned V Additional Judge, City Civil Court, Chennai, confirming the judgment and decree dated 27.09.2006 made in O.S.No.8888 of 1986 on the file of the learned XIV Assistant Judge, City Civil Court, Chennai.

2. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

3. The laconic averments made in the plaint, are as follows:

    (i) The property bearing No.98, Greenways Road, Mandaveli, Madras - 600 028, belongs to the Estate of Kadappakkam Charities. In a scheme, by an order dated 03.01.1964 made in C.S.No.200 of 1930 on the file of the High Court of Madras, the said property was vested with the plaintiff/respondent and he is administering the Trust Estate including the suit property. The defendant is the tenant under the plaintiff in respect of the suit property on a monthly rent of Rs.50/-. The tenancy being for non-residential purpose and computed from first to last according to the English Calender month and the rent is payable on or before 10th of every succeeding calender month.

(ii)

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