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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
T.Bakeerathan – Appellant
Versus
C.Jayaraman – Respondent
ORDER :
Challenging the order passed by the Executing Court in E.A.No.3 of 2023 in EP.No.36 of 2014, the present revision has been filed.
A. Factual Matrix
2. The first respondent has filed a suit in E.S.No.5 of 1999 on the file of the IV Judge, Small Causes Court at Chennai under Section 41 of the Presidency Small Causes Court Act for ejectment of the defendants contending that the plaintiff is the absolute owner of the suit property measuring 2565 sq.ft., situated in Old Survey No.37/20, New T.S.No.43, Block No.1, Kodambakkam Village, bearing Door No.19, Alagar Perumal Koil Street, Vadapalani, Chennai. The plaintiff inherited the suit property from his father. The first defendant Y.S.R.Moorthy (Deceased) has entered into a lease agreement with the plaintiff's father on 23.11.1956 and till the life-time of plaintiff's father, the first defendant was a tenant having put up a construction on the demise land and residing therein. After the demise of the plaintiff's father on 26.06.1977, the plaintiff became the absolute owner of the suit land the the first defendant continued to pay the lease rentals. As per lease agreement dated 23.11.1956, the monthly rent was Rs.3/- per month. The
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