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2014 Supreme(Mad) 2759

R.MALA
E. K. Palanisamy – Appellant
Versus
Manonmani – Respondent


Advocates Appeared:
For the Petitioner:N.S. Sivakumar, Advocate.
For the Respondents:N. Manokaran, Advocate.

Judgment :

1. Civil Revision Petition is filed against the fair and decreetal order dated 17.06.2011 made in I.A.No.51 of 2011 in O.S.No.208 of 2008 on the file of the District Munsif Court, Kangeyam.

2. The respondents herein as the plaintiffs filed a suit for bare injunction stating that the suit property is the ancestral property of their father Kaliappa Gounder and he was in possession and enjoyment of the same and he paid kists and since he died intestate on 03.01.2011, the plaintiffs, who are the daughters of Kaliappa Gounder and his wife are succeeded the property. The plaintiffs have partitioned the property and in pursuance of the partition, there was a mutation of revenue records. Since the defendant/revision petitioner herein, without any right, attempted to interfere with their peaceful possession and enjoyment of the suit property, the plaintiffs constrained to file a suit for bare injunction.

3. The defendant has filed a written statement stating that Kaliappa Gounder is not in possession and enjoyment of the suit property and patta also not stands in his name. The suit property and other properties are owned by one Subbaraya Gounder, who died bachelor, but he adopte

































































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