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1998 Supreme(Mad) 302

P.SATHASIVAM
Muthu Goundar – Appellant
Versus
Poosari alias Palaniappan and four Others – Respondent


Advocates:
R.Sekar for M/s.Sarvabhuman Associates, for Appellant. Ms.N. Tharakeswari for S.Subbiah, for Respondents.

Judgment :

The plaintiff in O.S.No.107 of 1982 on the file of the District Munsif, Mettur is the appellant in the above second appeal. He filed the said suit for permanent injunction against the defendants. The trial court after holding that since the plaintiff was not in possession of the suit property dismissed the suit. Aggrieved by the dismissal of the suit he filed appeal before the lower appellate court and the same was also dismissed. Against the concurrent findings of both the courts below the unsuccessful plaintiff filed the present second appeal as stated above.

2. The case of the plaintiff isas follows: According to him an extent of 1 acre 10 cents in Survey No .4/10 and another 2 acres in Survey No. 12/1 are the subject matter of the suit properties. The suit properties belongs to one Shanmugam. The said Shanmugam on 20.1.1979 leased out the suit properties in favour of the plaintiff for the lease amount of Rs.300 per year. Further, he had also entered into an agreement of sale on 26. 1981 for Rs. 15,000 from the said Shanmugam. While, such is the position the defendants who have no semblance of right in respect of the suit properties obstructed the plaintiff from his p























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