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2001 Supreme(SC) 1003

M.B.SHAH, R.P.SETHI
M. K. Prasad – Appellant
Versus
P. Arumugam – Respondent


JUDGMENT

Sethi, J.-Leave granted.

2. The respondent-plaintiff filed a suit informa pauperis under Order 33 Rule 1 of the Code of Civil Procedure against the appellant and others praying therein for issuance of direction to the defendants to deliver vacant peaceful possession of the suit lands by removing the construction, if any, put on them. He further prayed that the defendants be directed to pay a sum of Rs. 75,000/- towards mesne profits upto 24th March, 1987 and thereafter at the rate of Rs. 5,000/- per month till the delivery of possession. The suit land was agricultural land comprised in Paimash No. 199, measuring 0-4-0 Cawny, Paimash No. 200, measuring 1-0-0 Cawny Paimash No. 201, measuring 0-5-4 Cawny, Paimash No. 273, measuring 0-4-0 Cawny, Paimash No. 281, measuring 0-4-0 Cawny, Paimash No. 286 measuring 0-4-0 Cawny, Paimash No. 0-10-0 Cawny, measuring in all 3-13-0 Cawny situate in No. 141 Kottivakkam village, Sidapet Taluk, Chingleput District bearing Patta No. 32.

3. In the aforesaid suit the appellant was defendant No.9. On his service, he appeared through his counsel in the trial Court.

4. On the basis of the pleadings before it, the trial Court framed the followi


















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