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1996 Supreme(Mad) 1103

S.S.SUBRAMANI
R. M. Sundaram @ Meenakshi Sundaram and another – Appellant
Versus
The Correspondent, National Elementary School, Pundarigakulam. Vadakarai, Nagapattinam – Respondent


Advocates:
K. Sengottian Advocate for Petitioner. Mr. M.S. Subramanian for Respondent.

Judgment :

1. Second appeal arises from a suit filed by the appellant and his adoptive mother as O.S.No. 312 of 1980, on the file of District Munsif’ s Court Nagapattinam. That suit was filed by them for the following reliefs:

(a) for mandatory injunction directing the defendant from removing all the furnitures and other articles kept by the defendant for conducting classes and to forbid from interference with the possession and enjoyment of the property thereafter.

(b) to grant such order and further reliefs which are deemed necessary and expedient in the proved circumstances of the case; and

(c) to Award costs of the suit.

2. Material averments in the plaint are, the property originally belonged to late Muthu Thandapani Chettiar. First plaintiff is his widow and second plaintiff is his adopted son. It is said that Muthu Thandapani chettiar died on 28. 1969 and the plaintiffs have succeeded to his estate, having absolute right and title over the property. It is said that the suit property is a residential building and a thatched shed. It is further said that the municipal and revenue records amply show the title and possession and enjoyment of the property by the plaintiffs pre












































































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