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1998 Supreme(Mad) 1155

S.M.ABDUL WAHAB
Varghese Danial – Appellant
Versus
Balakrishan & Another – Respondent


Advocates:
Mr. V. Ayyadurai, Advocate for Petitioner. Mr. S. Jayaraman for Mr.
C. Rajan, Advocate for Respondent.

Judgment :

1. This civil revision petition has been preferred against the fair and decretal order made in C.M.A.No.175 of 1995 by the IV Additional City Civil Judge, Madras, on 2. 1996, dismissing the said civil miscellaneous appeal and vacating the interim injunction granted in I.A. No.788 of 1995 in O.S.No.551 of 1995 on the file of the IV Assistant Judge, City Civil Court, Madras, dated 26. 1995.

.2. The suit O.S.No.551 of 1995 was filed by the petitioner for permanent injunction restraining the defendants etc., from evicting him unlawfully or interfering with his peaceful possession of the suit property i.e., Ground and premises bearing door No.74,"G" Block, Anna Nagar East, Madras -102. According to the plaintiff, the suit property was allotted to one R.P. Samuel, by the Tamil Nadu Housing Board. Mr. Samuel constructed the residential house for which construction plaintiff lent Rs.65,000. Mr. Samuel permitted the plaintiff to occupy the suit property. Hence, the plaintiff is occupying the suit property and paying property tax to the corporation on behalf of Mr. Samuel. The voters list and the ration card show the suit property at the residence of the plaintiff. While so, one

























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