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2009 Supreme(Mad) 4217

A.SELVAM
M/s. Hindustan Petroleum Corporation Limited – Appellant
Versus
Gnanamani Ammal Chatram through its Hereditary Trustees – Respondent


Advocates Appeared:
For the Appellant:M.N. Sankaran, Advocate.
For the Respondents:S. Meenakshi Sundaram, M. Vallinayagam, Advocates.

Judgment :-

Challenge in this second appeal is to the concurrent Judgments and decrees passed Original Suit No.446 of 1994 by the Second Additional District Munsif Court, Tirunelveli and in Appeal Suit No.32 of 2004 by the Principal Sub Court, Tirunelveli.

2. The respondents 1 to 4 herein as plaintiffs have instituted Original Suit No.446 of 1994 on the file of the trial Court for the reliefs of recovery of possession, past and future mesne profits, wherein the present appellant and respondents 5 and 6 have been shown as defendants.

3. The epitome of the amended plaint is that the suit property absolutely belongs to Gnanamani Ammal Chatram and the same has been created by forefathers of K.Ayya Thaiyalnayagi Ammal and the said Chatram owns several properties and the same have been managed by sole hereditary trustee. One Devasenambal in the capacity of sole hereditary trustee has leased out the suit property to erstwhile ESSO with effect from 01.01.1969 as per registered lease agreement dated 18.02.1969. After the demise of Devasenambal, on 14.07.1972, the first plaintiff viz., K.Ayya Thaiyalnayagi Ammal has become sole hereditary trustee of all the properties of Gnanamani Ammal Chatra











































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