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2007 Supreme(Mad) 277

R.BANUMATHI
K. Sivasubramaniam & Another – Appellant
Versus
The Leigh Bazaar Merchants Association Ltd. – Respondent


Advocates:
For the Petitioners:A. Thiyagarajan, Advocate. For the Respondent:Kandavel Doraisamy, Advocate.

Judgment :-

This Revision Petition is directed against the Order of delivery of possession made in E.P.No.341/1993 in O.S.No. 4/1970, by the Sub Court, Salem. For convenience, parties are referred to in their original rank in O.S.No.4/1970.

2. The case had a chequered career of several rounds of litigation. Respondent/Plaintiff Association is pitted against the Superintendent of Police [now retired], relating to the site measuring 35½ x 15 in Leigh Bazaar, Salem which is one of the main commercial area in Salem.

3. Factual background and various proceedings in nutshell are as follows :-

3. 1. In the property measuring 35½ x 15 in Leigh Bazaar, late Karupanna Gounder/D-1 had put up superstructure and running a Beeda Stall and tea stall, paying rent for the vacant land. The Plaintiff Association filed suit O.S.No.4/1970 for removal of superstructure and to hand over vacant possession. The first Defendant Karupanna Gounder died on 07.05.1977. Other Defendants viz., his wife, the Petitioner and daughter Sathyavathi were impleaded as Defendants. A compromise was effected between the parties on 23.02.1983 and a Compromise Decree was passed incorporating the various terms in the Compromi
































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