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2000 Supreme(Mad) 350

P.SHANMUGAM
T. Palanisamy Gounder – Appellant
Versus
Sankara Ramanathan and others – Respondent


Advocates:
S.Gopalaratnam, Senior Counsel, for R.L.Ramani and Renuka Ramani, for
Petitioner. S.V.Jayaraman, Senior Counsel, for N.Maninarayanan, for Respondent Nos.1 to 3.

Judgment :

Third defendant in suit O.S.No.671 of 1998 and third respondent in I.A.No.1202 of 1998 on the file of the Sub Judge, Erode is the revision petitioner.

2. Briefly stated the facts are as follows: The revision petitioner had purchased a building at No.D.No.28, Pon Veethi, Erode on 17. 1998 from one Thiru S.Gowthaman, fifth respondent. The said property was under the tenancy of one Thiru. A.V.G. Ponnuswamy Chettiar. After the purchase, a request was made for the attornment of tenancy. Without conceding the tenancy along with his three sons as also a partnership firm, consisting of himself and his sons presented a plaint in an original suit on 18. 1998, on the file of Subordinate Judge, Erode against three defendants viz., the petitioners vendor, petitioner and one Mandi Venkata Naicker Dharmam under Sec.92 of Code of Civil Procedure. They had prayed for a declaration and permanent injunction to declare the alienation of plaint schedule properties is null and void and not binding on Mandi Venkata Naicker Dharmam and to frame a proper scheme for the enforcement and smooth running of the trust and for a permanent injunction from interference. The Sub Court numbered the suit and


















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