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1991 Supreme(Mad) 232

BELLIE
The Church of Christ King, Aranthangi, represented by Father Paul Pinto, Parish and Power of Attorney Agent – Appellant
Versus
Mohammed Muthaliff Rowther – Respondent


Appearing Advocates:G.Subramaniam, Senior Counsel, for Appellant. G.Nagarajan, for Respondent.

Judgment :-

The plaintiff church is the appellant. The suit for declaration consequential injunction and for mandatory injunction for removal of superstructure suit property has been dismissed.

2. As the learned trial Judge has pointed out most of the facts in the case are admitted The suit property is 29 cents of land in Survey No.15/1 in Aranthangi Thottam Originally it belonged to an independent landholder of the village, Sulochanambalpuram Chathiram. This land and other lands of the land-holder was in the management District Board. On 7.9.1929 the District Board has given a lease of the said lands in the plaintiff church. The plaintiff church has been periodically leasing out the lands tenants. Thus on 9.2.1946 the plaintiff church leased out a portion of the suit property Krishnaswami Thevar under Ex.A-5 and then on 1.1.1962 it executed a lease deed of another portion in favour of one Sathan under Ex.A-7. Then on 8.8.1962 the portion of the property was leased out in favour of Meiyappa Konar under Ex.A-8. It Krishnaswamy Thevar and Sathan have assigned their rights in favour of Velusamy Natarajan. Then Meiyappa Konar, Veluswamy and Natarajan have subsequently under 27, dated 1




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