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1996 Supreme(Mad) 152

S.S.SUBRAMANI
Varada Reddiar and Another – Appellant
Versus
Jayachandran and Others – Respondent


Advocates:
V.Raghavachari, for Petitioners. Miss Asha for M/s.K.Sarvabhauman Associates, for Respondent Nos.1 and 2.

Judgment :

This revision petition is by two strangers who are not parties to the suit but who feel aggrieved by the ex parte judgment made in O.S. No.619 of 1991 on 29. 1991, by the learned District Munsif, Tirukoilur.

.2. Respondents 1 and 2 herein filed the said suit against the third respondent herein. The third respondent is the trustee of two temples mentioned in the plaint. The suit property also belongs to the temple. Respondents 1 and 2 claimed themselves as lessees under the Temple for the period 6. 1991 to 30.6.1992. They said that plaint A and B Schedule items are in their possession on the basis of the lease, which was to expire on 30.6.1992. They filed the suit on the basis that the third respondent herein was about to terminate their lease and reauction the property even before the expiry of the period. They wanted to restrain the Temples from conducting any auction either on 27. 1991 or on any other date, and that their possession should not be disturbed.

3. It is seen that even though the third respondent herein (defendant- temple) was served with summons, no one represented the temple, nor entered appearance through counsel. Finally an ex parte decree was passed.









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