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1976 Supreme(Mad) 457

V.RAMASWAMI
Govindarajan – Appellant
Versus
K. A. N. Srinivasa Chetty – Respondent


Advocates:
M. Raghavan and Raghuraman, for Appellant; E Padamnabhan, for Respondents.

Judgement

JUDGMENT:- Defendants 1 to 4 are the appellants. The first respondent plaintiff filed O. S. No. 379 of 1970 on the file of the District Munsif of Kancheepuram for a declaration that he is the lessee of the suit lands on the basis of a lease deed dated 15-10-1964 given by the owner, Namasivaya Chettiar. The lease was stated to be for a period of ten years. When the lessor and his brothers tried to take forcible possession of the properties, the plaintiff filed O. S. No. 37 of 1970 on the file of the District Munsif of Kancheepuram for an injunction restraining the lessor and his brothers from interfering with his possession and enjoyment. When that suit was pending, the defendants in O. S. No. 379 of 1970 tried to trespass and interfere with the peaceful possession and enjoyment of the suit properties and, therefore, he filed O. S. No. 379 of 1970 for a declaration that he is a lessee in respect of the suit lands and for an injunction restraining the defendants from interfering with his possession and enjoyment. The defendants in this suit filed a written statement contending that they are the direct lessees under Namasivaya Chettiar for the past several years and the plea

























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