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2023 Supreme(Mad) 955

R. VIJAYAKUMAR
G. T. L. Infrastructure Limited (GIL), Represented by its Authorized Signatory – Appellant
Versus
Amaladoss – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.S. Sureshkumar.
For the Respondent: Mr. P. Vadivel.

ORDER :

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order and decreetal order dated 25.11.2022 passed in I.A.No.2 of 2022 in O.S.No.252 of 2021 on the file of the Additional Subordinate Court, Thanjavur and allow the civil revision petition.)

1. This civil revision petition has been filed by the defendant in a money suit challenging the order of dismissal of an application under Section 8 of the Arbitration and Conciliation Act, 1996.

2. The respondent herein had filed O.S.No.252 of 2021 on the file of the Additional Subordinate Court, Thanjavur for the relief of recovery of a sum of Rs.7,32,520/- towards rental arrears and for a mandatory injunction directing the defendant to dismantle a tower situated in the suit property.

3. According to the plaintiff, he is the owner of the suit schedule property and he had entered into an unregistered lease agreement with the defendant on 16.10.2007 to lease out the suit property for the purpose of erecting a mobile tower for a period of 12 years. The defendant had paid a sum of Rs.30,000/- as advance and agreed to pay a monthly rent of Rs.5,000/-. The plaintiff had further contended that t

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