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2025 Supreme(Online)(Mad) 63097

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. A.D. Maria Clete, J
Sowrashtra Vipra Sabha, Rep. by its President – Appellant
Versus
Selvarani – Respondent


Advocates:
For the Appellant: Mr. R. Vivek
For the Respondent: Mr. C. Jagadish

JUDGMENT

Heard.

2.This Second Appeal is directed against the judgment and decree of the Subordinate Judge, Namakkal, in A.S. No. 90 of 2012, dated 20.08.2013, which reversed the decision of the Principal District Munsif, Namakkal, in O.S. No. 529 of 2008 dated 13.08.2012.

3.In this appeal, the plaintiff before the Trial Court is the appellant, and the defendant is the respondent. For the sake of convenience, the parties will be referred to in the same rank as they stood in the Trial Court.

4.The plaintiff association is the owner of the suit property situated in Namakkal Town, which was leased to the defendant’s father, late Kulandaivel, for running a restaurant known as 'Amudha Hotel'. After his death, the defendant continued in possession as tenant, paying monthly rent of Rs. 5,100/-, which was paid up to May 2008 but has been in arrears thereafter. In May 2008, the defendant, without consent, made unauthorized alterations by damaging the cement floor, fixing tiles, and altering the walls, thereby weakening the building despite objections by the plaintiff. As the tenancy was one at will, the plaintiff issued a notice dated 26.07.2008 terminating the tenancy and calling upon the defen

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