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It is the submission of the appellant that as Proprietor of India Watch House, he was doing business in tenanted premises situated at 843, Anna Salai Madras for more than 35 years. Subsequently, the respondent the Tamilnadu Handloom Weavers Co-operative Society Ltd., Madras purchased the said premises and, therefore, the appellant was paying rent regularly to it.

In 1978, respondent filed Civil Suit for getting the premises vacated from the appellant. During the pendency of the proceedings, appellant gave a power of attorney to one Muralidhar Balani to run business of India Watch House, hence Balani was getting the said shop re-modelled. However, on 20th May, 1986 at about 7.30 p.m., while the work of re-modelling of shop was going on, one Mr. Anakaputhur Ramalingam and about 20 Co-Optex Workers with the help of police forcibly trespassed into the tenanted premises. They took forcible possession despite the fact their Civil Suit for eviction was pending in the court.