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1977 Supreme(Mad) 43

V.RAMASWAMI
Renga Iyengar – Appellant
Versus
Sivaswami Pandaram alias Sivasami Pillai – Respondent


Advocates:
T.R. Ramachandran and V.C. Srikumar, for Appellant.
B. Soundarapandian and N. Sankaravadivel, for Respondent.

Judgment:-The plaintiff is the appellant. The suit was filed by him for a permanent injunction or in the alternative for possession. The suit property is described as R.S.Nos. .146/3 and 146/10 measuring 1 acre and 32 cents and 1 acre and 44 cents respectively with cocoa-nut trees, bamboo clusters, jack trees, neem trees and other trees. The plaintiff is the owner of the suit property. According to the plaintiff originally under a document Exhibit A-1 dated 17th August, 1957 the defendant was given the right to collect usufruct from the cocoanut trees standing upon the two survey numbers on payment of a sum of Rs. 400 and also 400 cocoanuts and 400 cocoanut leaves. This right was conferred on the defendant only for a period of one year. Such right was given every year subsequently and the defendant executed similar documents under Exhibits A-2 to A-8 each for a period of one year up to the year ending 17th August, 1967. For the period Subsequent to 17th August, 1967 there was no document in writing. But it is admitted that the defendant had been in possession and enjoyment even subsequent thereto under similar terms and conditions. It may be mentioned that some time from the year 1












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