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1995 Supreme(Mad) 963

SRINIVASAN, S.S.SUBRAMANI
K. Mariappan & Five others – Appellant
Versus
Chennaivazh Nadargal Sangam & three others – Respondent


Advocates:
Mr. P. Gopalan, Advocate for Appellant. Mr. V. Shanmugham, Advocate for Respondents.

Judgement Key Points

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Judgment :-

Srinivasan, J.

1. These appeals arise out of inter-locutory applications in two suits O.S.Nos.1566 and 1567 of 1994 on the original side of this Court. O.S.A.No.305 of 1995 is against O.A.No.1074 of 1994 in C.S.No.1567 of 1994. O.S.A.Nos.306 and 307 of 1995 are against O.A.Nos. 1075 and 6154 of 1994 respectively in C.S.No. 1566 of 1994. The parties will be referred to hereinafter by their rank in the suits.

2. C.S.No.1566 of 1994 is for declaration that the plaintiffs are the absolute owners of the schedule mentioned properties and for consequential injunction restraining the first defendant and his agents etc., from in any manner interfering with the possession and enjoyment of the schedule mentioned properties. The subject matter of the suit comprises three items of dry land of an extent of 2.56 acres in Survey No.10/2, 3.76 acres in Survey No.41 and 1.40 acres in Survey No.43/1, taking a total of 7.72 acres in Thandalkalani village. Saidapet Taluk, Chengai M.G.R.District. Items 2 and 3 of the said properties were purchased on 12. 1975 by the first plaintiff from the second defendant who is the father of the first defendant. Item No.1 was purchased on 29. 1979 by th



















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