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2001 Supreme(Mad) 450

PRABHA SRIDEVAN
Pazhamaruthai @ Marudamathu – Appellant
Versus
M. Subramaniam – Respondent


Advocates Appeared:
Mr.S.V.Jayaraman, Senior Counsel for M/s N. Maninarayan, Advocate for
Appellants. Mr. V.K.Muthusamy, Senior Counsel for M/s M.M. Sundaresh, for Respondent.

Judgment :

1. The two second appeals arise out of two suits between the same parties in respect of the same suit property. S.A.No.1213 of 2000 arises out of O.S.No.238 of 1997 filed by the respondent against the appellants for declaration and recovery of possession. S.A.No.1214 of 2000 arises out of O.S.No.229 of 1997 filed by the appellant herein against the respondent for bare injunction in respect of the same property. By appellant, we refer to the 1st appellant in S.A. 1213 of 2000, who is the sole appellant in S.A.1214 of 2000.

2. Thefacts briefly are as follows:

The suit property belonged to one Marudhamuthu, father of the respondent M.Subramanian, having purchased it on 27.9.1955 under a sale deed Ex.Al. Since the father of the respondent had to leave for Malaysia, he entrusted the property to the first defendant who had been managing it on behalf of the respondent's father and after his death, the respondent. In 1997, O.S.No.229 of 1997 was filed and temporary injunction was sought for. Only then, the respondent realized that the first appellant in S.A.No.1213 of 2000, who is the sole appellant in S.A.No.1214 of 2000 had altered the names in the property records taking adva







































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