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2002 Supreme(Mad) 1292

N.V.BALASUBRAMANIAN
Thulasiammal and Others – Appellant
Versus
Kalyani and Others – Respondent


Advocates Appeared:For the Petitioner:Mr.M.Venkateswaran, Advocate.

Judgment :-

The defendants 3 to 10, who lost in the trial Court as well as the first appellate Court are the appellants herein. The respondents are the plaintiffs who are the legal representatives of P.L.Shanmugam who originally filed the suit, O.S.No.310 of 1988. The suit was filed by P.L.Shanmugam who died during the pendency of the suit against one Soundarapandian who also died during the pendency of the suit and his legal representatives were impleaded as defendants 3 to 10, who are the appellants herein. The suit in O.S.No.310 of 1988 was filed for declaration and for delivery of vacant possession of the suit property and for mesne profits, both past and future.

2. Another suit in O.S.No.291 of 1989 was filed for permanent injunction by Soundarapandian who died during the pendency of the suit. It is necessary to notice the facts of the suit in O.S.No.310 of 1988 for the disposal of the appeal, as the appeal is filed only against the judgment and decree rendered in the appeal in A.S.No.81 of 2001 filed against the judgment and decree rendered in O.S.No.310 of 1988.

3. According to the plaint, the first plaintiff, P.L.Shanmugam was the absolute owner of the suit property and he


















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