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2021 Supreme(Mad) 3031

M.GOVINDARAJ
Aravindam – Appellant
Versus
Sambasivam Pillai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.A.Muthukumar
For the Respondent: Mr.S.Sounthar

ORDER :

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in O.S.No.50 of 2013 dated 06.02.2019 on the file of the Court of District Munsif cum Judicial Magistrate, Nannilam.

Inveighing the order as one of without jurisdiction and not appealable, the present Civil Revision Petition has been preferred.

2. The defendants are the revision petitioners. The respondent/plaintiff filed a Suit for injunction restraining the defendants from interfering with his peaceful possession till he is lawfully evicted from his cultivating tenancy. The defendants contended that the plaintiff has surrendered possession and they are cultivating the lands on their own. The Trial Court framed three issues:

    (1) Whether the plaintiff is entitled to permanent injunction as prayed for?

(2) To what other reliefs, the plaintiff is entitled to?

(3) Whether the plaintiff is entitled to get protection under the cultivating tenant?

3. Ultimately, after trial, with respect to issue nos.1 and 3 directed the plaintiff to work out his remedy before the Revenue Divisional Officer and in respect of issue no.2, it was found that the plaintiff is not

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