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1999 Supreme(Mad) 1047

M.KARPAGAVINAYAGAM
M. Sundararaju – Appellant
Versus
S. Periasami – Respondent


Advocates Appeared:
For the Appellant :AR.L. Sundaresan, Advocate.
For the Respondent:Mrs. Pushpa Sathyanarayanan, T.R. Rajaraman, Advocate.

Judgment :-

M. Sundararaju, the plaintiff, is the appellant herein. S. Periasami, the defendant, is the respondent herein.

2. The plaintiff filed a suit in O.S. No. 1372 of 1983 on the file of the District Munsif, Trichirapalli for a permanent injunction, restraining the respondent/defendant from interfering with his possession and enjoyment of the suit properties.

3. According to the appellant, the suit properties belonged to his father and under a registered Partition Deed dated 15.6.1983, effected by his father, items 1 and 2 of the suit properties were allotted to him and under a registered settlement deed dated 29.6.1983, Item No. 3 of the suit property was bequeathed by his father in his favour and as such, the respondent-defendant has no right, title or interest in the suit properties and since the respondent/defendant attempted to interfere with his peaceful possession and enjoyment of the suit properties, he filed a suit, seeking for the relief of permanent injunction.

4. The respondent/defendant contested the suit, inter alia , stating that the respondent and the father of the plaintiff are the brothers, that under a Family Arrangement Deed dated 10.6.1968, entered into bet








































































































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