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2007 Supreme(Mad) 4234

P.R.SHIVAKUMAR
Singaram – Appellant
Versus
Leelavathi Achi – Respondent


Advocates Appeared:
For the Appellant :S. Kadarkarai, Advocate. For the Respondent:A. Chidambaranathan, Advocate.

Judgment :-

1. The defendant in the original suit is the appellant in the Second Appeal. The respondent/plaintiff had filed the Original Suit on the file of the District Munsif, Aranthangi for the following reliefs.

"(a) declaring that the plaintiff is entitled to recover vacant possession of the othi property;

(b) directing the defendant to deliver vacant possession of the othi property to the plaintiff;

(c) directing the defendant to pay future profits to be determined under Order 20 Rule 12 CPC;

(d) directing the defendant to pay the cost of the suit to the plaintiff; and

(e) awarding such other reliefs as the Honourable Court may deem fit and proper in the circumstances of the case."

2. It was the contention of the respondent/plaintiff before the trial Court that the suit property had been mortgaged under a othi deed to one Muthukaruppan Ambalakaran and the said mortgagee permitted the appellant/defendant to put up a small house therein and reside in the said house. With the further contention that the mortgage debt got wiped out under the Tamil Nadu Debt Relief Act (of which year has not been mentioned), the respondent/plaintiff had filed the said suit for the above mentione






















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