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2022 Supreme(Online)(MAD) 259

HIGH COURT OF MADRAS
Hon`ble Mrs.Justice V.BHAVANI SUBBAROYAN
S.MUTHUKRISHNAN – Appellant
Versus
THANGAM @ RAJAMMAL – Respondent


JUDGMENT

The concurrent Judgments and decrees passed in O.S.No.467 of

2012 by the Second Additional District Munsif Court, Tirunelveli and in A.S.No.18 of 2015, by the Additional Subordinate Court, Tirunelveli, are being challenged in the present Second Appeal.

2. The appellant/plaintiff has instituted a suit in O.S.No.467 of

2012, on the file of the trial Court for the relief of permanent injunction, wherein, the present respondents have been shown as defendants.

3. The case of the plaintiff is that the suit schedule property is a building consists of a shop and a residential house belonged to the first defendant and the defendants 2 and 3 are the daughters of the first defendant. On 17.08.1990, the plaintiff taken the said premises for a rent of Rs.110/- per month and an advance amount of Rs.2,000/- was paid by the plaintiff to the first respondent. Subsequently, on 06.12.1995, the first defendant obtained a sum of Rs.16,000/- from the plaintiff and instead of payment of interest, the first defendant allowed the plaintiff to stay in the premises and again on 10.11.2000, the first defendant obtained a sum of Rs.30,000/- from the plaintiff and allowed him to continue the tenancy. From

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