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Ponnusami Pillai Vs. Pasupathi Mudaliar - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.813
AppellantPonnusami Pillai
RespondentPasupathi Mudaliar
Excerpt:
practice pleadings absence of issue - abandonment lease, construction of. - 1. notice was pleaded in the plaint and the sufficiency of the notice was denied in the written statement, but no issue was raised and the defendant denied the title of the plaintiff and went to trial on that footing. nor was any question as to notice raised in the lower appellate court, under these circumstances we must treat the contention as abandoned by the defendant. as to the construction of the lease, we agree with the lower courts. the appeal is dismissed with costs.
Judgment:

1. Notice was pleaded in the plaint and the sufficiency of the notice was denied in the written statement, but no issue was raised and the defendant denied the title of the plaintiff and went to trial on that footing. Nor was any question as to notice raised in the lower appellate Court, Under these circumstances we must treat the contention as abandoned by the defendant. As to the construction of the lease, we agree with the lower Courts. The appeal is dismissed with costs.


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