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2021 Supreme(Mad) 3385

G.R.SWAMINATHAN
Narendra Kumar Johar – Appellant
Versus
A. Shahjahan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Jahangir Baba
For the Respondent: Mr.T.S.R.Venkataramana

JUDGMENT :

These second appeals arise out of two suits for permanent injunction. The plaintiff in both the suits is one and the same. The defendants alone are different. The suit property is also one and the same. There is no dispute that the suit property originally belonged to T.B.M.Ameerjan /father of the plaintiff Thiru.Shahjahan.

2. The case of the plaintiff was that his father executed the settlement deed dated 05.05.1989 in his favour and also handed over possession of the suit property. The plaintiff has been in possession and enjoyment of the suit property ever since. The plaintiff's father was in relationship with one woman by name Zuleka Bi and that through her, he had begotten sons and daughters. At their instance, the plaintiff was facing interference with his possession and enjoyment. Therefore, he filed O.S.No.1479 of 1994 on the file of the District Munsif Court, Trichirappalli for restraining his father and other defendants born to him through the said Zuleka Bi from doing so. In the said suit, the first defendant Ameerjan filed written statement denying the execution of the settlement deed. During the pendency of the suit, he passed away and an ex-parte judgment and

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