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2007 Supreme(Mad) 92

M.CHOCKALINGAM
Sashikala rep. By her power agent – Appellant
Versus
S. A. Sahida Beevi & Others – Respondent


Advocates:
For the Petitioner:S.V. Jayaraman, SC, N. Duraikannan, Advocate. For the Respondents:R5, 13, 19, 26 & 29, K. Sukumaran, Umamaheswari, Advocate.

Judgment :-

This judgment shall govern these two appeals.

2. The plaintiff aggrieved over the rejection of her request by both the Courts below in a suit for permanent injunction that the respondents/defendants should be restrained from interfering with her peaceful possession and enjoyment of the suit property and also the grant of a decree in the counter claim made by the respondents seeking permanent injunction against the plaintiff that she should not interfere with the possession and exclusive enjoyment of the suit property, has took it on two appeals. The first appellate Court affirmed the judgment of the trial Court. Hence, these two appeals at the instance of the plaintiff.

.3. The plaintiff filed the suit for the above relief inter alia stating that she became the absolute owner of the suit property in R.S.No.1833/14 measuring 2 grounds and 244 square feet at Cutchery Road, Mylapore, by virtue of a settlement deed dated 8. 1972, executed by one T.S.Sadasivam; that from the time onwards, she has been in possession and enjoyment of the same; that in order to develop the property, she demolished the old building; that now, it is a vacant site; that she has put up a small she


























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