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2022 Supreme(Mad) 1297

N. ANAND VENKATESH
M. Selvaraj – Appellant
Versus
Arulmigu Arunachaleswarar Thirukkoil, Represented by its Assistant Commissioner/Executive Officer, Thiruvannamalai – Respondent


Advocates appeared:
For the Appellant:D.S. Ramesh, Advocate. For the Respondents:A.K. Ram for M/s. A.S. Kailasam Associates, Advocates.

JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree of the learned XV Additional Judge, City Civil Court, Chennai dated 19.9.2014 and passed in A.S.No.167 of 2013, confirming the decision rendered in the judgment and decree of the learned V Assistant Judge, City Civil Court, Chennai dated 19.11.2012 and passed in O.S.No.5313 of 2001.)

1. The defendant is the appellant in this Second Appeal.

2. The respondent/plaintiff filed the suit seeking for the relief of delivery of vacant possession and for damages for use and occupation of the property from 01.09.2001 till the date of handing over of possession.

3. The case of the plaintiff is that they are the absolute owners of the suit property measuring an extent of 2400 Sq.ft. It is stated that the defendant is a tenant and the tenancy computed according to the English calendar month. The further case of the plaintiff is that the defendant had put up unauthorised additional construction in the property without any permission and had also let out some portion of the property to various individuals without the consent of the plaintiff. Hence, a notice was issued through their c

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