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2024 Supreme(Mad) 884

P. B. BALAJI
Flora Sunathi Samue – Appellant
Versus
Thiruvannamalai Kundrakudi Adheenam, Rep. by its Adheenakarthar – Respondent


Advocates Appeared:
For the Appellant : Mr. C.P. Sivamohan.
For the Respondent: Mr. T.S. Ramaswamy for Mr. V. Santhanam & Mr. M. Krishnakumar.

JUDGMENT :

P.B. Balaji, J.

[PRAYER: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the Judgment and Decree dated 23.03.2018 passed in A.S. No.70 of 2012 on the file of the Subordinate Judge, Tambaram confirming the Judgment and Decree dated 31.07.2012 made in O.S. No.728 of 2004 on the file of the learned Additional District Munsif, Alandur.]

The defendant who suffered a decree for possession and removal of superstructure in a suit filed by Thiruvannamalai Kundrakudi Adheenam as plaintiff is the appellant herein.

2. The parties are described as per the litigative status before the Trial Court. The plaintiff filed O.S.No.728 of 2004 for the relief by way of direction to the defendant to remove the superstructure and to hand over the vacant possession of the suit property to the plaintiff Mutt.

3. The case of the plaintiff before the Trial Court was that the plaintiff is a religious trust and absolute owner of the suit property. One Mr. Shanmugam Sundaram Pillai, claiming to be the agent of the plaintiff mutt sold several plots belonging to the mutt and one such plot was purchased by the defendant. The defendant has also put up construction on the land so pu

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