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1995 Supreme(Mad) 651

THANGAMANI
Sambandam and Another – Appellant
Versus
Guru Chandrasekaran and Others – Respondent


Advocates:
Mrs.Prabha Sridevan, for Petitioners. S.Sethurathnam, Senior Counsel for M/s.M.Duraisamy and S.Sounthari, for Respondents.

Judgment :

The revision petitioners are the plaintiffs in O.S. No.17 of 1993 in the Court of District Munsif, Mayiladuthurai. They filed a suit for declaration of their possessory title to the suit property which is in T.S.No.59 within Mayiladuthurai Town and for permanent injunction restraining the defendants and their men from interfering with their peaceful enjoyment of this piece of land. The allegation in the plaint is to the effect that the ground site of this property belongs to Arulmigu Kumarakattalai Sri Subramaniaswamy Devasthanam. The father of the defendants/ respondents, by name Kuppusamy, the original lessee of this land has assigned his lease-hold right therein in favour of one Kasambu Achi by means of a hand-letter dated 22. 1977 executed for a consideration of Rs.3.000, The said Kuppusamy has also conveyed the land in favour of the said Kasambu under the registered sale-deed dated 212. 1976. Kasambu and her husband Narayanasamy are no more. Revision petitioners are the sons of the brother of Kasambu. They are enjoying the trees in the suit properly. Since the respondents tried to cut the trees in the suit property and tried to take forcible possession of the same, t


















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