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1992 Supreme(SC) 8

J.S.VERMA, K.JAYACHANDRA REDDY
Sundra Naicka Vadiyar – Appellant
Versus
Ramaswami Ayyar – Respondent


Judgment

JUDGMENT:- These two appeals now prosecuted by the legal representatives of Sundra Naicka Vadiyar arise out of two suits for permanent injunction based on possession claimed by the plaintiff in each suit. In O.S. No. 239/69 the plaintiff was S. N. Vadiyar while he was the defendant in O.S. No. 315/ 73 filed by Ramaswami Ayyar. The said R. Ayyar was the defendant in O.S. No.239/69. Both these suits related to different parcels of agricultural land of which the plaintiff claimed to be in possession and on that basis sought injunction restraining the defendant from interfering with his possession. The Trial Court decreed O.S. No. 239/ 69 filed by S.N. Vadiyar and dismissed O.S. No.315/73 filed by R. Ayyar against S.N. Vadiyar. R. Ayyar then preferred two first appeals, both of which were dismissed. That lead to two second appeals in the High Court by R. Ayyar both of which have been allowed by a common judgment which is challenged in these appeals. The result of the High Courts decision is that R. Ayyars suit O.S. No.315/73 has been decreed while O.S. No. 239/69 filed by S. N. Vadiyar against R. Ayyar stands dismissed.

2. Learned counsel for the appellants strenuously urged tha





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