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1996 Supreme(Mad) 700

A.R.LAKSHMANAN
Sri Ahobila Madam represented by its Power Agent S. Sarangachariar, Mannargudi Taluk, Thanjavur District – Appellant
Versus
Revenue Court, Thanjavur, Thanjavur District and Another – Respondent


Advocates Appeared:
V. Prabhakar, for Petitioner. R. Krishnamoorthy, Advocate General and Senior Counsel for R.N. Kotharbdaraman, for Respondent No. 2.

Judgment :-

The petitioner Madam is a public trust, represented by its power agent S.Sarangachariar. One Nagammal, mother of the second respondent herein was cultivating an extent of 2.34 acres in S.No. 459, Perugavazhndhan village, Mannargudi Taluk. As she was in arrears of rent, the petitioner Madam filed an application for eviction in P.T.No. 617 of 1987 under Sec.19(3) of Act 57 of 1961 and the said application was allowed and thereafter E.P.No. 19 of 1988 was filed for possession of the property and the said execution petition was ordered on 7.10.1988 pursuant to which the petitioner Madam took possession of the land on 21.12.1988. Thereafter, the said Nagammal filed an appeal seeking restoration of possession which was dismissed on 25.8.1989 by the Revenue Court, Thanjavur. Aggrieved by the said order, the said Nagammal came forward with a C.R.P in C.R.P.No.2935 of 1990 on the file of this Court.


2. Whileso, the second respondent (Vedaratnam) claiming himself to be the sole legal heir of Nagammal (who died on 29.10.1989 according to the petitioner herein and on 1.9.1989 according to the second respondent herein), filed an application for restoration of possession. The said appl




























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