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2009 Supreme(Mad) 4894

M.JEYAPAUL
Balu Pillai @ Balasubramania Pillai & Others – Appellant
Versus
Mahadevan & Others – Respondent


ADVOCATES APPEARED:
For the Appellants:A. Muthukumar, Advocate.
For the Respondent:S. Ramamoorthy, Advocate.

Judgment :-

Second Appeal No.1059 of 1995 is filed against the judgment and decree in A.S.No.45 of 1995 preferred against the judgment and decree in O.S.No.132 of 1992 and Second Appeal No.1390 of 1995 is filed against the judgment and decree in A.S.No.52 of 1993 preferred against the judgment and decree in O.S.No.132 of 1992.

2. The first respondent, who is the plaintiff in the suit filed the suit in O.S.No.132 of 1992 praying for recovery of possession and also for mesne profits. The Trial Court chose to decree the suit for recovery of possession, but negatived the prayer for mesne profits and as a result of which, the first respondent, who is the plaintiff in the suit preferred A.S.No.52 of 1993 challenging the dismissal of the suit with respect to the prayer for mesne profits and the appellants herein, who are defendants 5 to 7, preferred A.S.No.45 of 1993 aggrieved by the decree granted in favour of the first respondent herein for recovery of possession. The first appellate court was pleased to allow the appeal preferred by the plaintiff in A.S.No.52 of 1993 and dismissed the appeal preferred by defendants 5 to 7 in A.S.No.45 of 1993. In short, the suit filed by the first resp

















































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