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1999 Supreme(Ker) 43

S.SANKARASUBBAN
Anantha Achary – Appellant
Versus
Abdul Azeez – Respondent


Judgment :-

S. Sankarasubban, J.

Revision petitioner is the first respondent in O.S. No. 127 of 1996, which was filed by the first respondent. Respondents 2 and 3 in the Civil Revision Petition are defendants 2 and 3. The suit was filed for a permanent prohibitory injunction restraining the defendants from interfering with the peaceful possession and enjoyment of portion of the building bearing Door No. MP 10/267 in the ground floor and MP 10/259 in the first floor situated in R.S. No. 129/6 of Uppala Village.

2. Revision petitioner filed written statement. The claim of the plaintiff was that he had obtained assignment of the leasehold right in respect of the plaint schedule property and the right, title and interest of the landlords in respect of the properties were assigned to him as per the order of the Land Tribunal in S.M. No. 80/92. The present revision petitioner contended that the assignment deed and the proceedings in S.M. No. 80/92 were fraudulent and collusive. The revision petitioner filed a counter claim and prayed for setting aside the order of the Land Tribunal valuing the properties at Rs. 1,776/- and had paid a court fee of Rs. 36/-. The relief claimed in the counter








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