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2009 Supreme(Mad) 1169

G.RAJASURIA
M. B. Subramaniam – Appellant
Versus
A. Ramasamy Gounder & Others – Respondent


Judgment

1. The appellant in both the second appeals, namely, M.B. Subramaniam, as plaintiff, filed the suit O.S.No.14 of 2000 as against the first respondent herein and his father and others, seeking the following relief:

"to grant permanent injunction restraining the defendants, their men, servants, agents, relatives and every one claiming under them in any way interfering with the peaceful possession and enjoyment of the plaintiffs suit properties".

The first respondent in both the appeals, namely, Ramasamy Gounder, filed the suit O.S.No.410 of 2004 (O.S.No.653 of 2003) as against the appellant herein, seeking the following relief:

"a) to direct the defendant to deliver possession of the suit property;

b) to direct the defendant to pay Rs.68,000/-with future interest at 6% p.a. from the date of suit till realization."

As such, both the suits were tried together by the lower Court, by conducting joint trial and pronounced the common judgment and decrees.

(b) In both the suits, the defendants concerned resisted the suit. During such joint trial, the said M.B. Subramaniam examined himself as P.W.1 apart from examining one Ramaswamy as P.W.2 and Balasubramaniam as P.W.3 and Exs.A1 to




























































































































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