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2009 Supreme(Mad) 4845

S.PALANIVELU
Kamalammal (dead) & Others – Appellant
Versus
Girija & Others – Respondent


Advocates Appeared:
For the Appellants:S. Jayaraman, Senior Counsel, for S. Sujatha Rangarajan, Advocate.
For the Respondents:R1, R3, T.P. Sankaran, R2, S. Ravindran, Advocates.

Judgment :-

1. The following are the allegations contained in the plaint in O.S.No.6687 of 1996:-

1.(a) The plaintiffs and their predecessors-in-interest viz., Chinnaiah, Ranganathan and Subramania Chowdhury had been exclusive possession and enjoyment of "A" Schedule property for over 40 years which is with an extent of 6 grounds and 520 sq.ft. After the lifetime of predecessors-in-interest, the plaintiffs continued to be in exclusive possession and enjoyment of the above said "A" Schedule property. The first defendant filed a suit in O.S.No.968 of 1958 on the file of IV Assistant Judge, City Civil Court, Madras, for a decree for possession in respect of portion in "A" Schedule property against the above said predecessors-in-interest. The suit was dismissed as against Subramania Choudhury as not pressed. An exparte decree for possession was passed on 12. 1960. In spite of the decree, the predecessors-in-interest continued to be in possession.

1. (b) The first defendant filed E.P.No.765 of 1977 to execute the decree. By that time, Chinniah died and hence first plaintiff was impleaded as his legal representative. She filed an application under Section 47 of C.P.C. in E.A.No.2799 of 19













































































































































































































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