PERIYAR DISTRICT CONSUMER COOPERATIVE WHOLESALE STORES LTD. Vs. B. BALAGOPAL
SUPREME COURT OF INDIA
Periyar District Consumer Cooperative Wholesale Stores Ltd.
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(2.)The appellant is before this Court in this appeal assailing the judgment dated 14.11.2017 passed by the
High Court of Judicature at Madras in A.S.No.811 of
2009. Through the said judgment the High Court has dismissed the appeal filed by the appellant against the
judgment and decree dated 18.08.2008 passed by the
Additional District and Sessions Court (Fast Track Court
No.I), Erode in O.S.No.37 of 2007. The respondents
herein were the plaintiffs in the said suit while the
appellant herein was the defendant. For the sake of
convenience and clarity, the parties will be referred to in
the rank assigned to them before the Trial Court below.
(3.)The undisputed position in the present case is that the plaintiff is the owner of the premises in question
wherein the defendant was inducted as the tenant under
the lease agreement dated 09.07.1980. The said lease
was for a period of three years and the monthly rental
was fixed at Rs.6,500/. The advance of Rs.20,000/ was
paid by the defendant to the plaintiff. Subsequently the
plaintiff filed the civil suit in O.S.No.95/1990 seeking
eviction of the defendant and vacant possession of the
suit schedule property. The Trial Court through its
judgment and decree dated 08.02.1995 directed the
defendant to vacate and deliver vacant possession of the
premises and the compensation of Rs.15,000/ was
ordered for the period of three years prior to filing the suit
till date of possession.
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