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1998 Supreme(Mad) 1734

S.S.SUBRAMANI
Kanraj C. Shah – Appellant
Versus
R. Thangaraj – Respondent


Advocates Appeared:
For the Petitioner:R. Narasimhan for A.K. Parthasarathy, Advocates.
For the Respondents:M.V. Krishnan, Advocate.

Judgment :-

1. Plaintiff in O.S. 651 of 1993 on the fde of II Additional District Munsif Court, Dindugul is the Revision Petitioner herein.

2. The suit was filed for declaration of title. Plaintiff is the owner of ‘A’ Schedule properties. Plaintiff also sought for consequential relief of permanent injunction restraining defendants, their men and servants from in any way interfering with the peaceful possession and enjoyment of plaintiff over the suit property and for mandatory injunction directing first defendant to remove the superstructures over the suit ‘B’ Schedule property and for other reliefs.

3. According to the petitioner, he has obtained title to the ‘A’ Schedule properties as per Sale Deed dated 7.11.1977 and ever since, he is in absolute possession and enjoyment of the properties. Patta is also transferred in his name and he is paying property tax also. According to petitioner, his properties are managed by his power agent one Dhanraj Shah. Since there was mismanagement by him, petitioner has cancelled the said power as per document dated 23.6.1986 and plaintiff is looking after the properties through another agent K.A. Perumalsamy. It is said that with the connivance of


















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