IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Veeraraghavaswamy Devasthanam, Tiruvallur Represented by Power Agent Thiru. P.N. Parthasarathy S/o Ramanuchariar – Appellant
Versus
Murugesan S/o Sundara Nadar – Respondent
| Table of Content |
|---|
| 1. appeal background and suit property details (Para 1 , 2 , 3) |
| 2. detailed facts of rent dispute history (Para 5) |
| 3. trial and appellate courts outcomes (Para 6 , 7 , 8 , 9 , 10) |
| 4. parties submissions on rent quantum (Para 11 , 12) |
| 5. analysis of rent enhancement validity (Para 13 , 14 , 15) |
| 6. appeal allowed with adjusted decree (Para 16) |
JUDGMENT :
R. SAKTHIVEL, J.
1. Feeling aggrieved by the Decree and Judgment dated October 08, 2012 passed by 'the Sub Court, Tiruvallur' (hereinafter referred to as 'the First Appellate Court') in A.S. No.4 of 2011, reversing the Judgment and Decree dated August 07, 2009 passed by 'the District Munsif Court, Tiruvallur' (hereinafter referred to as 'the Trial Court') in O.S. No.163 of 2006, the Respondent / Plaintiff therein has preferred the present Second Appeal.
2. For the sake of convenience, the parties are hereinafter referred to as per their array in the Original Suit before the Trial Court.
3. Vacant land of an extent of ‘25 Cents in Survey No.509/B2, situate at Ikkadu Village, Tiruvallur Taluk & District’ is the ‘Suit Property’ herein.
CASE OF THE PLAINTIFF IN BRIEF
4. The Defendant's father was a tenant under the Plaintiff - Devast
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