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1997 Supreme(Mad) 251

D.RAJU
Janab K. Mohamed Hussain, Commissioner and Receiver for the Estate of late M. T. Kumaraswami Mudaliar, in O. S. No. 25 of 1955 Sub Court Triunelveli, 109, Azad Road, Tirunelveli Town and another – Appellant
Versus
Dalavai A. Ramaswami Mudaliar and others – Respondent


Advocates:
Mr. Narayanan for T.M. Hariharan, Advocate for Appellant

Judgment :

1. The above second appeal has been filed by the 6th plaintiff who lost before both the courts below.

.2. The suit was filed for restraining the defendants 1 to 62 by means of a permanent injunction from harvesting the standing and future crops and removing the entire yield from the thrashing floor without delivering the landlords share at the thrashing floor. The case of the plaintiffs, was that the lands in question are owned by the plaintiffs, that defendants 63 to 67 represent the share of Annathane Chathiram at Sivalaneri which performs Annathana Charities, that the plaintiffs have 100-V^ share and defendants 63 to 67 have got 43-V2 shares out of the total of 114 shares, that defendants 1 to 62 cultivate various plots of lands as indicated in the plaint and at the time of harvest, the tenants are bound to give advance information to the plaintiff about the date of harvest and divide the produce at the thrashing floor from out of yield after payment of Kanganam and other mamool expenses to the plaintiffs or their men and the remaining produce only will be taken away by the tenants. Complaining that the tenants have not been doing so and such things are done as a con






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