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2001 Supreme(Mad) 800

K.GOVINDARAJAN
B. Parvathy – Appellant
Versus
Ramakrishna Mission represented by duly authorised Power Agent Swami Amirthananatha and others – Respondent


Advocates Appeared:
T.L.Rammohan, Senior Counsel, for M/s.S.Subbiah, for Appellant. P.Haridoss, for Respondent No.1.

Judgment :-

The unsuccessful second defendant before the lower appellate Court has filed this second appeal.

2. The plaintiff filed a suit in O.S.No.932 of 1980 on the file of the City Civil Court, Madras for declaration of the plaintiffs title and for possession of the suit property.

3. According to the plaintiff, they have purchased an extent of 11 grounds and 160 sq. ft. which includes the suit property, under Exs.A-1 and A-2, and the defendants predecessors-in-title were the tenants with respect to the land in question, and on that basis the plaintiff filed the said suit.

4. The defendants contested the suit contending inter alia that the plaintiff- mission are not having any right in the suit property, and they have not purchased the suit property itself, and so they cannot sustain the suit for declaration and recovery of possession.

5. The trial Court accepted the case of the defendants and dismissed the suit. Hence the plaintiff filed appeal in A.S.No.689 of 1985 on the file of the City Civil Court, Madras. The learned District Judge reversed the judgment and decree of the trial Court and decreed the suit. Hence, the 2nd defendant, has filed this second appeal.

6. The substant









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