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1971 Supreme(Mad) 308

SADASIVAM, V.RAMASWAMI
C. V. Kokulapathy – Appellant
Versus
K. R. Venkatarama Sarma, Advocate Receiver – Respondent


Advocates:
K. Kumaraswami and P. Kannan, for Appellants; M. S. Venkatarama Iyer and V. Krishnan, for Respondent.

Judgement

RAMASWAMI, J.:- These are appeals by the defendants in O.S. Nos.867, 1109 and 1411 of 1962 on the file of the City Civil Court Madras, against the decree directing eviction from the suit plots.

2. The plaintiff in all the suits is the Receiver appointed by the High Court in O.S.A. No.52 of 1960 in respect of the suit properties and other properties belonging to one late P.S. Narayana Iyer and his sons. The plaint allegations were as follows: The suit properties were comprised in R.S. Nos.132, 244/2 and 133. They belonged to the estate of P.S. Narayana Iver. They were purchased by Narayana Iyer and his son Krishna Iyer. These lands were cultivated by Narayana Iyer and Krishna Iyer through one Lakshmana Naicker, Krishna Iyer predeceased his father. After the death of Narayana Iyer, there were disputes relating to the estate and a suit was filed in the High Court and in those proceedings, the plaintiff was appointed as Receiver. The plaintiff on enquiry found that the defendants had trespassed into the properties subsequent to the death of Narayana Iyer in 1952. Lakshmana Naicker gave a statement to him, in which he admitted that Narayana Iyer was cultivating the properties th







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