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1998 Supreme(Mad) 185

S.S.SUBRAMANI
A. Chinnaraja – Appellant
Versus
N. S. Subbaiyah and Another – Respondent


Advocates:
P.Bagyalakshmi, for Petitioner. RSubramanian, for Respondents.

Judgment :

This revision under Art.227 of the Constitution of India, is filed by the first defendant in O.S.No. 100 of 1997, on the file of Sub Court, Palani. Two plaintiffs, who are respondents herein, filed the said suit, to direct the first defendant to surrender possession of the property to the plaintiffs, and directing him to pay a sum of Rs.3,000 being the value of firewood and seized timber to the plaintiffs, with interest at 18% per annum from date of suit till payment, and also to direct an enquiry into the past and future mesne profits under O.20, Rule 12, C.P.C, and to grant permanent injunction restraining the first defendant and his man from putting up any further construction in the suit property, and also award costs of the suit, and grant such further reliefs.

2. Facts narrated in the plaint may briefly be stated thus:

First plaintiff is the son of late N.R.S.Ramasamy Chettiar. Between himself and his father, there was a partition on 25. 1964. Plaint schedule property was one of the items allotted to his father late N.R.S. Ramasamy Chettiar. It is not disputed that pursuant to the partition, Ramasami Chettiar had obtained absolute right and exclusive right over the






















































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