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1956 Supreme(Mad) 196

RAJAMANNAR, PANCHAPAKESA AYYAR
Uthamaram Nathusam Sait – Appellant
Versus
Hude Gopalakrishnayya – Respondent


Advocates Appeared:
N. Sundara Iyer and V.R. Venkatakrishnan, for Appellant; T. Krishna Rao and A. Narayana Pai, for Respondent.

Judgement

PANCHAPAKESA AYYAR, J. :- The appellant in the second appeal is one Nathuram Sait, the plaintiff in O. S. No. 237 of 1949, on the file of the District Munsifs Court, Hosdrug (O. S. No. 71 of 1948 on the file of the District Munsifs Court, Kasargod). He had brought the suit, praying for a permanent injunction restraining the first defendant, Gopalakrishnayya, for entering, claiming to be the kuzhikanomdar, the suit land, S. No. 451/2, of West Eleri village, measuring 16 acres 40 cents and containing a valuable pepper garden, and restraining defendants 2 and 3, Abdul Khader and Abdul Rahman, from joining the first defendant in any trespass on the said land which Nathuram Sait claimed to be in his exclusive possession and enjoyment ever since 11-4-1937, when it was delivered to him through Court by P. W. 2, the amin, in the presence of P. W. 1, his agent.

Nathuram Sait had filed O. S. No. 13 of 1926 on the file of the Sub Court, Tellicherry, against the Kooleri family, a family of Moplah Kuzhikanomdars under the Palat tarwad, in respect of this land and several other lands, and had got a decree. In pursuance of that decree, he had filed R. E. P. No. 289 of 1927 for attaching t



























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