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1997 Supreme(Mad) 1369

K.SAMPATH
Pathima Sultan Animal (died) – Appellant
Versus
S. Hamed Oli – Respondent


Advocates Appeared:
For the Appearing Parties:S. Mohamed Shiela Nainar, G. Jermiah, N. Sankaravadivel, V. Ramajagadeesan, Advocates.

Judgment :-

1. Defendants 17 to 20 in O.S.No.32 of 1981 on the file of the Subordinate Judge, Mayiladuthurai and respondents 17 to 20 in A.S.No.62 of 1983 on the file of the District Judge of East Thanjavur atNagapattinam are the appellants in S.A.No.597 of 1984.

2. Defendants 2, 21 and 22 in O.S.No.32 of 1981 and respondents 2, 21 and 22 in A.S.No.62 of 1983 are the appellants in S.A.No.1281 of 1984. The contesting respondent is the plaintiff in the suit and appellant in the appeal before the lower appellate court. The second appeals have been filed against the same judgment namely A.S.No.62 of 1983 by different parties to the proceedings.

3. The suit O.S.No.32 of 1981 was filed by the first respondent against 22 defendants, some of whom were tenants, and was for a decree that he was entitled to joint possession along with the first defendant in the suit, one Batcha Mohideen and others of the plaint A schedule properties with a joint right of management of B schedule trust and for a direction to the defendants 1 and 2 to render accounts to him and pay his due share in the surplus income from the trust properties from October, 1980. A genealogy has been appended and it is as follows












































































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