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2014 Supreme(Mad) 4315

ARUNA JAGADEESAN
Prakashchand – Appellant
Versus
Velmurugan Constructions by its Partners – Respondent


Advocates Appeared:
For the Plaintiffs:V. Kuberan for M/s. Rank Associates, Advocates.
For the Defendants:M.S. Krishnan, SC for N. Anand Venkatesh, Advocates.

JUDGMENT

ARUNA JAGADEESAN, J.


1. This suit has been filed to pass a judgment and decree:-

(a) Declaring the Plaintiffs' title to the suit property.

(b) Directing the 1st Defendant and its partners, viz. the Defendants 2 to 5 to put the Plaintiffs in possession of the suit property.

b(i) Directing the 1st Defendant and its partners viz. the Defendants 2 to 5 to, jointly and severally, pay to the Plaintiffs mesne profits at Rs. 25,000/- per month or such other rate as this court may deem fit from the date of plaint to the date of delivery of possession of the suit property to the Plaintiffs.

b(ii) Declaring that the decree obtained in O.S. No. 956 of 1998 on the file of the City Civil Court, Chennai by the 1st Defendant against the 6th Defendant is null and cannot affect the title of the Plaintiffs in respect of the suit property.

(c) Directing the Defendants to pay the costs of the suit.

2. The plaint averments are as follows:-

(a) Each of the Plaintiffs has purchased 2/14th share of the suit property, by two registered sale deeds dated 31.10.1994, for a consideration of Rs. 2,00,000/- each from the 6th Defendant represented by her Power of Attorney Agent Gouthamchand, appointed



































































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