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2024 Supreme(Online)(Mad) 78048

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs.Justice S.Srimathy, J
RAMADAOSS (DIED) 1.R.VIJALAK – Appellant
Versus
T.P.Kathiresan (died) T.BHUV – Respondent


Advocates:
Mr.A.Sivaji, Mr.S.Parthasarathy

ORDER

The present civil revision petition is filed by the plaintiff / tenant against the order, dated 24.07.2023, passed in E.P.No.26 of 2010 in O.S.No.10 of 2007 on the file of the District Munsif Court, Sivakasi.

2. The suit in O.S.No.10 of 2007 was filed by the tenant Mr.Ramadass against the landlord Mr.T.P.Kathiresan. Since both the plaintiff and the defendant died, their legal heirs are impleaded as parties. For the sake of convenience, the parties are referred as landlord Mr.T.P.Kathiresan and tenant Mr.Ramadass. When legal heirs were impleaded the parties are referred as legal heirs of landlord and legal heirs of tenant.

3. The present litigation have chequered history. The facts are that the landlord Mr.T.P.Kathiresan had let the suit property admeasuring 7 cents for lease to the tenant Mr.Ramadass to use the place as parking place for the college buses by erecting iron shed. Interestingly the tenant Mr.Ramadass had filed the suit in O.S.No.10 of 2007 inter alia praying for permanent injunction restraining the landlord Mr.T.P.Kathiresan from interfering in the peaceful possession and enjoyment of the suit property by the tenant Mr.Ramadass. Pending suit the parties had filed c

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