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1974 Supreme(Mad) 304

V.RAMASWAMI
Chinna Vanan – Appellant
Versus
Alamelu and others – Respondent


Advocates:
R. Gandhi, for Appellant.
K. Sarvabhauman and T. R. Mani for Respondents.

Judgment:- The first defendant is the appellant. The suit was filed by the respondents herein for a declaration and permanent injunction restraining the defendants from interfering with his possession and enjoyment. There was an alternative relief for partition and separate possession, which was later on given up. The facts of this case are as follows.

2. The property in question originally belonged to one Chenni Vannan, the father of plaintiff 6 to 8 and grand father of plaintiffs 2 to 5. The first plaintiff is the daughter-in-law of the said Chenni Vannan. This Chenni Vannan entered into an agreement to sell with the first defendant on 7th April, 1949. Under the same document, the first defendant also agreed to reconvey the property within a period of seven years on the terms and conditions contained therein. The first defendant sold the property on 20th September, 1954 before the expiry of the said period of seven years to one Pappa Naicker with an agreement that the said Pappa Naicker will reconvey the property to the first defendant within a period of three years. Chenni Vannan subsequently purchased the property directly from Papa Naicker on 1st August, 1957 . The first defend








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