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1965 Supreme(Mad) 249

T.VENKATADRI
Rasan Muthirian – Appellant
Versus
Periaswami Muthirian – Respondent


Advocates:
K. Raman, for Appellant.
G. Ramanujam for T. K. Subba Rao, for Respondent.

Order:-

This appeal arises out of a suit filed by the respondent herein fora permanent injunction restraining the appellants-defendants from interfering with his possession and enjoyment of the plaint property which consists of three items of nanja lands. The case of the plaintiff-respondent is that he had taken a lease of the suit property from the then owner, Hanumantha Rao, in the year 1941 and continued to be in possession under Hanumantha Rao, and after his death, under his son Narayana Rao. He alleged that he paid rent up-to-date and the defendants-appellants claiming to have purchased the suit property from Narayana Rao attempted to dispossess him without any manner of right, with the result he had to come to Court claiming protection under the Cultivating Tenants Protection Act.The defence to the suit is that, the respondent-plaintiff was previously a tenant of the suit property, that he surrendered possession in favour of the defendants in the year 1959 and that thereafter he ceased to have any manner of right. The further contention of the defendants-appellants is that the plaintiff owned about 20 acres, besides cultivating others’ lands on lease, that on the whole he was



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