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2010 Supreme(Mad) 5057

R.SUBBIAH
Anser Bi – Appellant
Versus
The Sherfunissa Begum Sahiba Mosque Wakf – Respondent


Advocates Appeared:
For the Plaintiff:S. Sadasivam, V.S. Subramanyan, Advocates.
For the Respondent:R1 -R. Nithish Kumar, R2 -J. Dilip Kumar, Advocates.

Judgment :-

1. This second appeal has been filed at the instance of the plaintiff, challenging the decree and judgment dated 23.10.2001 passed by the learned V Additional Judge, City Civil Court, Chennai, in A.S.No.43 of 2000, whereby the decree and judgment dated 28.12.1998 passed by the learned V Assistant Judge, City Civil Court, Chennai, in O.S.No.8186 of 1994, were partly modified.

2. The present civil revision petition has been filed at the instance of the 1st defendant, aggrieved over the decree and judgment dated 09.10.2003 in Ejectment Suit No.2 of 2000 passed by the learned III Judge, Small Causes Court, Chennai, whereby the suit filed by the plaintiff wakf was allowed, directing the 1st defendant to vacate and deliver the possession of the suit property with the plaintiff within the stipulated time.

3. Since the issue involved as well as the parties in both the matters are also one and the same, the second appeal and the civil revision petition are disposed of by this common judgment.

4. Firstly we deal with the second appeal.

The plaintiff herein, viz., Anser Bi, filed a suit in O.S.No.8186 of 1994 against the respondents/defendants stating that she is the owner of the s




































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