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1999 Supreme(Mad) 204

S.S.SUBRAMANI
Gangabai Ammal – Appellant
Versus
S. Kalyanasundaram – Respondent


Advocates Appeared:
For the Petitioner:A.V. Munuswamy, Advocate.
For the Respondent:S.D.N.Vimalanathan, Advocate.

Judgment

1. Decree-holder in O.S.No.14 of 1972 on the file of District Munsif Court, Kancheepuram is the revision petitioner herein. This revision is filed under Art.227 of Constitution of India.

2. O.S.No.14 of 1972 was filed by petitioner for recovery of property scheduled in the plaint. The subject matter of the suit read thus: Kancheepuram town, inVallal Pachaiyappan Street to the east of the street to the south of the house of Rathina Mudali and others, to the west of Municipal Narasam, to the north of Varadadappa Mudalis house, premises bearing Door No.34-AB, S.No.2554 measuring 29’ × 125’ with all the structures well, tap, electric fittings.

3. After obtaining decree, petitioner filed E.P.No.5 of 1978 for getting delivery of possession. When delivery was ordered, one Munusamy Mudaliar obstructed delivery of possession claiming some right over the property. Obstructor was none other than the father of decree-holder. It was he, who conducted suit on behalf of decree-holder. Obstruction petition was dismissed and decree-holder was allowed to get possession after removing obstruction. For the said purpose, executing court relied on documentary evidence. About 65 documents was pr













































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