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1946 Supreme(Mad) 145

SIR ALFRED HENRY LIONEL LEACH, LAKSHMANA RAO
V. Madhava Rao Naidu – Appellant
Versus
Sri Gangadeswarar Temple by trustees Sabapathi Pillai – Respondent


Advocates:
G. T. Ramanujachari for Appellant.
M. Chelva Aiyangar for Respondents.

This appeal arises out of a suit filed by the appellant for recovery of possession of about 5.5/6 grounds comprised in Re-survey No. 3155 situated in Kuttiappa Gramani Street, Madavakkam. The appellant’s case is that the suit plot belonged to the plaint temple, that one ground of it was originally leased out in 1904 to Ponnappa Naicken, that Ponnappa sold his leasehold interest to Ranganayaki Ammal, that Ranganayaki Ammal sold it to Munuswami Gramani, that in 1926 Munuswami Gramani sold it to Ponnuswami and that Ponnuswami’s lease was subsequently determined. The defendant was at first a mortgagee from Ponnuswami. Subsequently he obtained a mortgage decree and in execution of that decree purchased whatever rights Ponnuswami had in the property. The appellant further states that after terminating Ponnuswami’s tenancy the trustees took possession of the property and leased it out to third parties and that after the respondent purchased the property in execution of his mortage decree obtained against Ponnuswami, he threatened to interfere with the possession of the appellant’s tenants. This suit is therefore for a declaration that the respondent is not entitled to the suit site. There
































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