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1999 Supreme(Mad) 921

R.BALASUBRAMANIAN
S. Thiagarajan – Appellant
Versus
Saraswathy Kittu and 6 others – Respondent


Advocates:
Mr. N.S. Varadhachari, Advocate for Appellant. Mrs. Hema Sampath, Advocate for respondent.

Judgment :

1. The first defendant in O.S.No. 54 of 1986 on the file of the Sub-Judge, Villupuram is the appellant in this appeal; the plaintiff in that suit is the first respondent herein and defendants 2 to 7 are the other respondents in this appeal. It is stated before this Court at the time of argument that the second defendant is no more and her legal representatives are the appellant and the first respondent herein. However the fact remains that no steps have been taken to have the legal representatives of the deceased second respondent recorded in this appeal. In this judgment the parties to the appeal will hereinafter be referred to as the plaintiff and the defendants. The suit was filed for declaration of title; for an injunction restraining the first and the second defendants from alienating the suit property; restraining defendants 3, 4, 6 and 7 from paying the rent to defendants 1 and 2 and for other incidental reliefs. On merits the learned trial Judge granted a declaratory decree as prayed for, but however denied the plaintiff the relief of injunction as prayed for by her in the manner referred to above. Aggrieved over the declaratory decree granted by the learned trial





























































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