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2009 Supreme(Mad) 5146

R.BANUMATHI
K. Lakshmiammal – Appellant
Versus
M. P. Naveen Kumar & Others – Respondent


Advocates Appeared:
For the Appellant :K. Sukumaran, Advocate.
For the Respondents:R. Thiagarajan, Advocate.

Judgment :

The Second Appeal arises out of concurrent findings of Courts below decreeing respondents’/plaintiffs’ ejectment suit and also granting permanent injunction restraining first defendant from putting up any unauthorized construction. Unsuccessful first defendant is the Appellant. For convenience parties are referred in their original rank in the suit.

.2. Civil Revision Petition is directed against the order in I.A.No.16791 of 1999 dismissing the petition filed under Section 9 of the City Tenants Protection Act which was confirmed in C.M.A.No.38/2006. Unsuccessful first defendant has filed this Revision Petition.

3. In the first Appellate Court, both Appeal and Civil Miscellaneous Appeal (arising out of I.A.No.16791 of 1999 in O.S.No.8449 of 1996) were heard together and disposed by common Judgment. Since common questions arise for consideration both Second Appeal and Civil Revision Petition were heard together and both shall stand disposed by this common Judgment.

4. Suit property relates to No.10, Valmiki Street, T.Nagar, Chennai-17, T.S.No.4793, about 350 sq.ft. The entire suit property was purchased by Vummidi Padmavathi Ammal under registered sale deed dated 111. 19












































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