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2020 Supreme(Mad) 209

N.SESHASAYEE
Arulmigu Velukkai Sri Azhagiya, Singaperumal Devasthanam, Rep. by its Trustees A. Venkatarayalu – Appellant
Versus
G. K. Kannan (Deceased) – Respondent


Advocates Appeared:
For the Appellants:B. Jeganathan, A. Jenasenan, Advocates. For the Respondents:R3 to R10, Niranjan Rajagopalan for M/s. G.R. Associates, Advocates, R1 & R2, Died, R11 to R15, Not ready in notice.

JUDGMENT

(Prayer in S.A.No.1671/2002: Second Appeal filed under Section 100 of the Civil Procedure Code, preferred against the judgment and decree dated 15.12.2000 made in A.S.No.35 of 1991 on the file of Sub Court, Kancheepuram, confirming a portion of the judgment and decree dated 05.4.1991 made in O.S.No.773 of 1985 on the file of the District Munsif Court, Kancheepuram.

S.A.No.1672/2002: Second Appeal filed under Section 100 of the Civil Procedure Code, preferred against the judgment and decree dated 15.12.2000 made in A.S.No.50 of 1991 on the file of Sub Court, Kancheepuram, reversing the well considered judgment and decree dated 05.4.1991 made in O.S.No.773 of 1985 on the file of the District Munsif Court, Kancheepuram.)

Common Judgment

1.1 The plaintiff is a temple and it has instituted the suit through its trustees for evicting its tenant, who is arrayed in the suit as 1st defendant, from the suit property, along with a prayer for recovery of arrears of rent. In the suit, the 1st defendant had pleaded that his brother was the title holder of the suit property. Hence, he came to be impleaded as the 2nd defendant. The prayer in the suit however, was not amended to include any rel

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