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1998 Supreme(Mad) 1393

S.S.SUBRAMANI
Maria Soosai – Appellant
Versus
Esakkiammal – Respondent


Advocates Appeared:
For the Petitioners:T.R. Rajaraman, Advocate.
For the Respondent:K. Srinivasan, Advocate.

Judgment

1. Revision is filed under Art.227 of the Constitution of India against the filing of O.S.No.33 of 1998, on the file of Sub Court, Tirunelveli.

2. Reason for filing the revision is, that as between parties, there was an earlier litigation which has been confirmed by this Court, and in spite of the same, defendant therein has ventured to file the present suit, which is an abuse of process. They pray that O.S.No.33 of 1998 may be struck off the file.

3. O.S.No.1017 of 1983, on the file of District Munsifs Court, Tirunelveli was filed by the present petitioners for declaration of title and recovery of possession. It was averred in that case that the property originally belonged to one Vakil Thiagaraja Pillai, and, for service rendered to him by the petitioners’ father late Velu alias Asirvatham, the property was given to him as a gift orally. The donee came into possession and patta was also granted to him recognising his possession. It was a minor inam estate and the Authorities under the Act also recognised his possession and ryotwari patta was also granted after enquiry. After the death of the done, his legal heirs, i.e., petitioners herein came into possession. Since they



















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