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1999 Supreme(Mad) 656

S.S.SUBRAMANI
Kammavar Sangam through its Secretary R. Krishnasamy – Appellant
Versus
Mani Janagarajan – Respondent


Advocates:
Mr.N. Damodaran, Advocate for Appellant. Mr.S.V. Jayaraman, Senior Counsel for Mr.K.V. Shanmuganathan, Advocate for Respondent.

Judgment :

1. Since caveat was entered, I heard the counsel for respondent also at the time of admission itself.

2. Parties herein will be referred according to their rank in the suit.

.3. Plaintiff filed O.S.No. 366 of 1993 on the file of District Munsif Court, Sathur to declare his title to the property and for consequential injunction to restrain the defendant, his men and agent from interfering with his possession and enjoyment of plaint schedule property and to pay cost of the suit. It is stated in the plaint that property originally belonged to one Shanmuga Nadar, who is the grandfather of plaintiff. After his demise, suit property devolved on plaintiff in oral partition and eversince oral partition, he is is exclusive possession of the same for the past 40 years. Patta for the property stands in the name of plaintiff with effect from 11. 1959. Plaintiff is also paying kist to the property from 20.5.1959. Patta pass book is also given in the name of plaintiff by Tahsildar, Sathur.

4. Reason for filing the suit is stated to be that on 10. 1993, defendant along with his men, came to the suit property and tried interfere with the peaceful possession of plaintiff. Though plai


























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