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1999 Supreme(Mad) 967

M.KARPAGAVINAYAGAM
G. Nanchil Kumaran – Appellant
Versus
Govindasamy Reddiar – Respondent


Advocates Appeared:
For the Petitioner:R. Subramanian, Advocate.
For the Respondent:R. Sundar Rajan, Advocate.

Judgment :-

1. Challenging the order allowing the application for interrogatories under O.11, Rule 1 of C.P.C. filed by the plaintiff, Nanchil Kumaran, the defendant has filed this civil revision petition.

2. Govindasamy Reddiar filed a suit in O.S.No.128 of 1989 before the Sub Court, Poonamallee to direct the defendant to pay a sum of Rs.49,000 being the past damages for wrongful use and occupation of the suit property belonging to the plaintiff and for further damages at the rate of Rs.100 per day as future damages from the date of plaint till the defendant surrenders possession.

3. The defendant, the petitioner herein, filed a written statement stating that the plaintiff was the benami of the suit property and that the suit property was actually purchased in his name by utilising the money pooled by the plaintiffs daughter, the erst-while wife of the petitioner herein, which included the defendants money to the tune of Rs.70,000 which is rd of the sale consideration and that earlier he filed a suit in O.S.No.1537 of 1987 for permanent injunction against the plaintiff in this suit and obtained interim injunction and that therefore, the defendant is not liable to pay any damages as

































































































































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