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1998 Supreme(Mad) 1016

K.GOVINDARAJAN
Society of St. Josephs College, by its procurator, St. Josephs College, Tiruchirapalli – Appellant
Versus
A. Doraisami (died) and nine others – Respondent


Advocates:
Mr. Gopalarathnam, Senior Counsel for M/s.P.K. Jamal Mohamed, Advocate for Appellant. Mrs. Hema Sampath, Advocate for Respondents.

Judgment :

1. The defendant who succeeded before the trial court and suffered decree before the lower appellate court has filed the above second appeal.

2. The respondents 1 and 2 plaintiffs claiming that they are having Kudiwaram rights in the suit properties, which are their minor inam lands, filed the suit for declaration and for recovery of possession and for mesne profits, in O.S. No.961 of 1980, on the file of the learned Sub-Judge, Tiruchirapalli. The said suit was resisted by the appellant/defendant stating that the plaintiffs are not entitled to the relief sought for as the same has already been decided by the statutory authorities, which has become final. The Trial Court found that the plaintiffs were having Kudiwaram rights and they were in possession of the suit properties through their lessees and entitled to get kudiwaram rights in the suit lands. But, in view of the orders passed by the statutory authorities under Exs.A-30 and B-1, the Trial Court held that the plaintiffs are not entitled for the relief sought for. Aggrieved against the same, the plaintiffs filed appeal in A.S. No.151 of 1983 on the file of the learned I Additional District Judge, Tiruchirapalli. I




























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