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2010 Supreme(Mad) 3950

K.MOHAN RAM
E. Ramasamy Gounder – Appellant
Versus
M. Selvaraj – Respondent


Advocates Appeared:
For the Petitioner:M/s. D. Shivakumaran, Advocate.
For the Respondents:T.R. Rajagopalan, Senior Counsel For D. Ravichander, Advocate.

Judgment :-

1. The first defendant in O.S.No.583 of 1997 on the file of the Principal Sub Court, Salem, is the petitioner in the above C.R.P.

2. In the said suit, the first respondent/plaintiff is seeking the following reliefs:-

a. Declaring the plaintiffs title to the suit property.

b. Permanently injuncting the first defendant and his men from interfering with the peaceful possession and enjoyment of the suit property and trespass into the suit property or to create any encumbrance over the same or in the alternative, direct the first defendant to deliver vacant possession of the suit property to the plaintiff within such time as this Honble Court may fix and in default permit the plaintiff to execute the decree and recover possession.

3. In the suit, the fist defendant is claiming title and possession to the suit property under a decree passed in O.S.No.800 of 1990 on the file of the Sub Court, Salem.

4. The said suit in O.S.No.800 of 1990 was filed on the basis of a sale agreement purportedly executed between P. Sengottu Velu Gounder and the first defendant on 27.2.1984 and an endorsement found in the sale agreement.

5. It is the case of the first respondent that as a thir






















































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