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1996 Supreme(Mad) 1202

ABDUL HADI, P.SATHASIVAM
S. Marimuthu – Appellant
Versus
G. Kumaraswamy – Respondent


Advocates Appeared:
For the Appellant:Mohan Parasaran, Advocate.
For the Respondents:R1 & R2 - G. Kumaraswamy, Party in person, R4 - Anand Venkatesh for N. Kannadasan, Advocates.

Judgment :-

ABDUL HADI, J.

1. The plaintiff in O.S. No. 206 of 1996 on the file of this Court (which was originally O.S. No. 6725 of 1991 on the file of City Civil Court, Madras) has preferred this Original Side Appeal.

2. The appeal lies in a narrow compass since actually the plaintiff virtually secured the relief prayed for by him in the suit and this appeal has been preferred only against the sum of Rs. 50,000/-directed to be paid by him to the 1st defendant - 1st respondent as “compensation for the illegal acts committed by him” and is also directed against certain observations made by the learned trial Judge while making the abovesaid direction.

3. The main prayer in the suit is for declaring the plaintiffs title to the suit property marked as ‘ABCDEFGIJ’ including the portion coloured in red and shown as ‘CDEF’ in the plaint plan which was the subject matter of O.S. No. 5884 of 1981 (City Civil Court, Madras) and also the portion coloured in blue and marked as ‘ABIJ’ in the plaint plan. There was also a prayer for mandatory injunction, directing the 2nd defendant - 2nd respondent, who is the wife of the 1st respondent to execute and register a rectification deed by showing the























































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