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2000 Supreme(Mad) 12

S.S.SUBRAMANI
Peter Jabaraj – Appellant
Versus
K. Arunachalam – Respondent


Advocates Appeared:
A. Sankarasubramanian for Appellants. K. Srinivasan for Respondents.

Judgment :-

1. Plaintiffs in O.S. No, 673 of 1994, on the file of Principal District Munsifs Court, Tuticorin are the appellants.

2. Suit filed by them was to declare their title over the schedule mentioned property and for a permanent prohibitory injunction restraining the defendant, his men, servants, agents, etc. from in any manner interfering with their peaceful possession and enjoyment of the schedule mentioned property, and for other incidental reliefs.

3. Material averments in the plaint could be summarised thus:—

Plaint property admittedly belonged to one Shahul Hameed, and he entered into an agreement for sale which the defendant in the suit on 12.2.1978. Defendant filed a suit for a decree for specific performance against Shahul Hameed on 20.7.1981. In that suit, Shahul Hameed alone was made a party initially. Long before the institution of the suit, Shahul Hameed had conveyed the property to one Saraswathi Ammal as per sale deed dated 26.6.1979. The same is marked as Ex. A-3. Saraswathi Ammal, in turn, sold the property to Anna Pushpam and Lalitha Ammal as per sale deed dated 28.1.1984. They are marked as Exs. A-2 and A-7 respectively. An na Pushpam and Lalitha Ammal sold




























































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