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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dr. A.D. Maria Clete, J
The Assistant Commissioner Commercial Tax Office – Appellant
Versus
R. Jeeva – Respondent
| Table of Content |
|---|
| 1. the plaintiff's claims regarding the rental agreement and arrears. (Para 3 , 5) |
| 2. contentions regarding notice and necessary parties. (Para 6 , 14) |
| 3. court's emphasis on compliance with section 80 cpc and its implications. (Para 8 , 9 , 12 , 13 , 16) |
| 4. ratio establishing the necessity of proper notice and joining the government. (Para 10 , 11 , 17) |
| 5. conclusion regarding the appeal's outcome and the trial court's decree. (Para 18) |
J U D G M E N T
Heard.
2. This appeal challenges the judgment and decree dated 02.03.2020 of the learned III Additional District Judge, Vellore @ Tirupathur, in O.S. No. 9 of 2018.
3. The plaintiff’s case, in brief, is that she owns the premises bearing Door No. 4, Ananda Nagar 1st Street, By-Pass Road, Ambur, Vellore District. The defendant, a department of the State Government, was permitted to occupy the premises with effect from 03.02.2014 for official purposes. At the time of occupation, the plaintiff stated that the monthly rent would be Rs. 40,000/- or the rate to be fixed by the Public Works Department (PWD), whichever was lower. The PWD thereafter fixed the rent at Rs. 28,370/- per month. By letter dated 25.01.2016, the plaintiff d
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