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2023 Supreme(Online)(MAD) 20363

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
V.S.EKAMBARAM@ MOHAN – Appellant
Versus
STATE REP BY – Respondent


ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.43 of 2013 pending on the file of the learned Judicial Magistrate No.I, Chengalpet, thereby taken cognizance for the offences under Sections 120(B) & 420 of IPC.

2. The case of the prosecution is that the subject property belonging to the mutt and it was leased to the petitioner's father viz., V.S.Sivarajan by the previous madathipathi. The defacto complainant is the present madathipathi of the mutt and he filed suit against the previous madathipathi and recovered the possession of the subject property from the lease holder through the Sub Court, Kancheepuram in O.S.No.21 of 1973. Further the defacto complainant filed execution petition in E.P.No.138 of 2000 and the same is pending. In the mean time, the petitioner approached the defacto complainant and assured that he will not contest the case filed by the defacto complainant and sought for continuing the lease property which was already leased out to his father. Therefore, new lease agreement dated 23.12.2002 was entered between the petitioner and the defacto complainant for a period of 20 years with monthly rent of Rs.4,000/-.

3. It is further

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