An appeal against the confirmation of a decree in a suit for recovery of possession. The appellant claimed an extended lease period entitled him to possession beyond the suit filing date. The High Court found no legal ground to interfere with the concurrent factual findings below.
Second Appeal dismissed; no costs; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.10.2016
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU
Second Appeal No.824 of 2016 and C.M.P.No.15725 of 2016
Nallappan ... Appellant/Defendant
Seshadri Iyer ... Respondent/Plaintiff
Second Appeal filed under Section 100 of C.P.C. against the judgment and decree dated 23.02.2016 in A.S.No.4 of 2014 on the file of Subordinate Judge, Gingee, Villupuram District, confirming the decree and judgment dated 30.10.2013 in O.S.No.441 of 2005 on the file of Additional District Munsif, Gingee, Villupuram District.
For Appellant : Mr.R.Rajarajan
The appellant is the defendant in a suit for recovery of possession. The respondent as the plaintiff filed a suit by claiming that the defendant, even after the expiry of the lease period and issuance of notice to hand over possession, failed to hand over the same and also committed default in payment of the rent.
Sd/Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar vsi
To
+1cc to Mr.R.Rajarajan, Advocate, S.R.No.59186 +1cc to Mr.K.Poomalai, Advocate, S.R.No.59986
Second Appeal No.824 of 2016
CTK(CO)
CA(01/12/2016)
2 issues framed by the court
Whether this Court can interfere in the Second Appeal when there are no substantial questions of law arising and concurrent findings of fact against the appellant have been rendered by Courts below.
Whether the suit filed prior to the expiry of the extended lease period was maintainable.
1 provisions across 1 enactments
Nallappan
Seshadri Iyer
K.Ravichandra Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
