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2010 Supreme(Mad) 3180

M.JAICHANDREN
Jambukumar – Appellant
Versus
Uzhaikkuam Makkal Nala Arakkattalai, by its Managing Trustee P. R. Memorail, T. Nagar, Chennai – Respondent


Advocates Appeared:
For the Appellant :R. Gururaj, Advocate.
For the Respondent:R1 -T.V. Krishnamachari, Advocate.

Judgment :-

This second appeal has been filed against the judgment and decree, dated 31.3.2006, made in A.S.No.57 of 2005, on the file of the II Additional Subordinate Court, Cuddalore, confirming the judgment and decree, dated 27.6.2005, made in O.S.No.57 of 2003, on the file of the Principal District Munsif Court, Cuddalore.

2. The plaintiff in the suit, in O.S.No.57 of 2003, is the appellant in the present second appeal. The defendant in the said suit is the respondent herein.

3. The plaintiff had filed the suit praying for a decree restraining the defendant, its men, agents and others claiming under the defendant, by way of a permanent injunction from, in any manner, interfering with the plaintiff’s peaceful possession and enjoyment of the suit B schedule property and for costs.

4. The plaintiff had stated that the suit A schedule property is the ancestral property belonging to the plaintiff and his family, for more than a century. After the partition, that had taken place in the family, the plaintiff’s father had got the suit A schedule property and other properties, as his share. After the plaintiff’s father had died, the plaintiff and his elder brother were enjoying the jo



































































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