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2000 Supreme(Mad) 275

S.S.SUBRAMANI
R. Sathyanarayana Rao and others – Appellant
Versus
M. K. Manoharan alias Manoharan and another – Respondent


Advocates:
N.S.Varadachari, for Petitioners. Ms.Poongodi, for Respondent No.1.
S.M.Amjad Nainar, for Respondent No.2.

Judgment :

Defendants 2, 3, 5 and 6 in O.S.No.12199 of 1989, on the file of First Assistant City Civil Judges Court, Madras, are the revision petitioners.

2. Petitioners are aggrieved by the order in I.A.No.15827 of 1999 whereby a commission was issued to measure the property.

3. Material facts could be summarised thus:

First respondent herein claims that he is the holder of an equitable assignment in respect of rights and interest of late M.Rajaram in respect of the lands comprised in T.S.Nos.16 and 21, Block Nos.38 and 39, Paimash Nos.967 to 972 in NO.109. Puliyur Strotriem Village. The entire village, according to first respondent/plaintiff, was an inamland, and one Janakiram Pillai was the strotriemdhar. In a dispute between the family members, Janakiram Pillai was appointed as receiver by this Court, and as per extract from Land Register, it could be seen that Janakiram Pillai was the erstwhile landowner. Till the Government took over the land, Janakiram was shown as the owner in all the records. It is further said that one Akbar Basha, father of first defendant, purchased some lands from third parties who had no manner of right or interest therein and consequently the sale i



















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