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2018 Supreme(Mad) 3138

T.RAVINDRAN
AYAPADI CHAVADI DHARMAM, PRIVATE FAMILY TRUST – Appellant
Versus
HABIBUNNISA – Respondent


Advocates:
Advocate Appeared:
M.V. Venkataseshan, Adv.

JUDGMENT

T.Ravindran, J.

Challenge in this Second Appeal is made to the judgment and decree dated 09.02.2015 passed in A.S.No.108 of 2011 on the file of the Additional Sub Court, Mayiladuthurai reversing the judgment and decree dated 19.09.2011 passed in O.S.No.257 of 2006 on the file of the District Munsif Court, Sirkali.

2. The Second Appeal has been admitted on the following substantial questions of law.

(1)Whether the lower appellate court is right in dismissing the suit filed by the appellant only on the ground that the suit filed by a single Trustee as manager is not maintainable?

(2)Whether the lower appellate court has not committed an error of law in dismissing the suit when the appellant as manager of private family Trust has filed a suit for recovery of possession from trespasser especially when earlier suit under Ex.A1 had been filed and decreed by such manager?

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.

4. It is stated that the plaintiff's Trust has laid the suit against the defendants for the recovery of possession on various grou



















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