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1998 Supreme(Mad) 1262

P.D.DINAKARAN
Ilamurugan – Appellant
Versus
Subramaniam – Respondent


Advocates Appeared:
For the Petitioner:S. Sounthar, Advocate.
For the Respondent:R.P. Kabilan, Advocate.

Judgment

1. The above revision is directed against the order dated 3.12.1997 in I.A.No.527 of 1998 in O.S.No.96 of 1997, on the file of the learned District Munsif, Nannilam, refusing to stay the proceedings of the said suit, pending disposal of an appeal in N.T.R. Appeal No.1 of 1997 before the learned Appellate Authority Revenue Records, Mayiladuthurai, preferred by the revision petitioner/plaintiff to the suit.

2. The brief facts of the case are that the plaintiff is the revision petitioner who has filed the above suit in O.S.No.96 of 1997 before the learned District Munsif, Nannilam seeking a bare injunction against the respondent defendant forbearing the respondent from interfering with the peaceful possession and enjoyment of the suit property.

3. The above suit was resisted by the respondent/defendant stating that he is a cultivating tenant as per the records maintained by the Tamil Nadu Record of Tenancy Rights Act, and in support of the said contention he has also filed an extract of the certificate issued by the Record Officer to prove that the respondent/defendant is in possession of the suit property, which necessitated the revision petitioner/plaintiff to file the appe















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