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2009 Supreme(Mad) 1270

G.RAJASURIA
Selvam – Appellant
Versus
Vajjiravely Mudaliar – Respondent


Advocates Appeared:
For the Petitioners:N. Damodaran, Advocate.
For the Respondents:R1, T.K. Karunakaran, Advocate.

Judgment :-

This second appeal has been filed by the defendants 5 to 8, animadverting upon the judgement and decree dated 30.6.2006 passed by the learned Additional District Judge, Fast Track Court, No.III, Chengalpattu at Poonamallee, in A.S.No.46 of 2004, confirming the judgement and decree dated 27.4.2004 passed by the learned District Munsif, Court, Poonamallee, in O.S.No.78 of 1996. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

2. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus:

(a) The first Respondent/plaintiff filed the suit O.S.No.78 of 1996 as against as many as nine defendants, seeking bare injunction on the ground that the defendants are trying to disturb his possession in his cultivation.

(b) The defendants entered appearance and resisted the suit by claiming that they are in possession and enjoyment of the suit property, by raising huts therein.

(c) During enquiry, the trial Court framed the relevant issues. The plaintiff examined herself as P.W.1 and Exs.A1 to A.15 were marked. The first defend































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