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1988 Supreme(Mad) 28

NAINAR SUNDARAM
Begum Janammal – Appellant
Versus
Selva Arasu and Others – Respondent


Advocates Appeared:U. Thiagarajan, K. Raman, Advocates.

Judgment :-

Highlight in this judgment

This revision is by the plaintiff in the suit O.S. No. 696 of 1974 on the file of the District Munsif of Thanjavur. The respondents herein are the defendants in the suit. The suit of the plaintiff was for declaration of title and for permanent injunction. That suit was decreed by the first Court as prayed for. On appeal by the defendants A.S. 42 of 1978 on the file of the Subordinate Judge, Thanjavur, the title of the plaintiff in respect of a portion alone was upheld and injunction thereof granted; and the suit in respect of the remaining portion was dismissed. The plaintiff preferred S.A. 2028 of 1978 to this Court, and there was a cross-objection by the defendants. The second appeal by the plaintiff was dismissed by this Court, and the cross-objection by the defendants was allowed dismissing the suit as a whole. Defendants 5 and 6 with the consent of the other defendants took out E.P. 195 of 1985 for delivery of possession, demolishing the construction made thereon by the plaintiff. The plaintiff contested this move of the defendants stating that her suit for declaration of title and possession having been dismissed, the defendants could not










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