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2001 Supreme(Mad) 273

PRABHA SRIDEVAN
S. Ramasamy – Appellant
Versus
V. Ranganayaki – Respondent


Advocates Appeared:
Satish Parasaran, Advocate for Petitioner.
Mr.K.R. Krishnan, Advocate for Respondents.

Judgment :

1. Dead men tell no tales, it is said, but in this case a dead man did. The respondents 1 and 2 filed O.S.No.1973 of 1996 against the third respondent herein and four others for bare injunction in respect of 49 cents of land bounded on the south by Ponnamallee High Road, east and north by Tamarai Kulam and west by their own land. Notice was ordered and the first defendant in the said suit who is the predecessor in interest of the petitioners herein stated that the defendants were in possession of 16 cents out of 49 cents and that as early as 1977, the Revenue Department had issued a notice to them under Section 7 of the Act 3 of 1905. The same 16 cents of the land is the subject matter of a second suit out of which this revision arises. According to the third respondent survey No. 149 which is adjacent to survey No. 150 belongs to him and the said 16 cents is the only way from the main road to the property in Survey No. 149. It was stated in the counter that if injunction was granted for the entire 49 cents the only access to Survey No. 149 would be by helicopter. This suit is pending.

2. Subsequently, the respondents 1 and 2 filed O.S.No.6673 of 1998 against the petitio























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