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2014 Supreme(Mad) 4017

P.DEVADASS
K. Paul Raj – Appellant
Versus
Raju – Respondent


Advocates Appeared:
For the Appellant:R. Surianarayanan, Advocate.
For the Respondents:R1 & R2, M.V. Venkateseshan, Advocate, R5 & R6, R. Karthikeyan, Additional Government Pleader, R3, Died, R4, No appearance.

Judgment :

As these two second appeals are connected on factual matrix and legal issues and common arguments have been advanced, we propose to render this common Judgment.

2. The 3rd defendant, namely, Paul Raj, in O.S.No.259 of 1996, in the Court of District Munsif, Usilampatti, who is also plaintiff in O.S.No.252 of 1996, in the same Court, is the appellant herein.

3. Plaintiffs/spouses in O.S.No.259 of 1996 (O.S.No.471 of 1992, District Munsif's Court, Thirumangalam) namely, Raju and Chandra, have instituted the suit seeking injunction mainly as against the 3rd defendant (appellant herein) and his vendor Radhakrishnan (first defendant).

4. In the suit schedule, property measuring 2.1 acres, comprised in Survey No.152/3, situate, in Panamoopanpatti Village, in Usilamatti Taluk, in Madurai District has been shown as suit property.

5. The principal pleadings in the plaint in O.S.No.259 of 1996 is on the following lines.

6. About 25 years, the suit property has been enjoyed by the first plaintiff under an oral othi/lease. During 1979, at the southern portion, a brick roofed house was put up. Utilizing the electricity from S.C.No.122, in Survey No.153/1, belonging to the plaintiffs







































































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