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Madras High CourtCS/434/2013decreed

K.Kennedy v. Raghavan

2017-04-04Honourable Mr Justice T. Ravindran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2017

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN C.S.No.434 of 2013 K.Kennedy also known as T.John Kennedy .. Plaintiff Vs.

1. Raghavan

2. Chinnammal

3. L.Saravanan

4. Killiyammal

5. M.Kannan .. Defendants Prayer : - This Civil Suit has been filed under Order VII Rule 1 of C.P.C and under Order IV Rule 1 of Original Side Rules praying for judgment and decree as follows:- a) a declaration that the plaintiff is the absolute and sole owner of the plaint schedule property, b) a direction to the defendants 1 to 4 to quit and deliver vacant possession of the suit property,

c) a direction to the defendants 1 to 4 to pay damages for use and occupation at the rate of Rs.30,000/- per month in respect of the suit property from the date of the plaint till the date of handing over vacant possession by the said defendants, d) a permanent injunction restraining the defendants 1 to 4 from in any manner alienating, conveying or encumbering or letting out the suit property to any person(s) and /or make any further improvements or constructions in the suit property, e) a mandatory injunction directing the defendants 1 to 4 to demolish the existing structures that have been put up by them in the suit property, d) cost of the suit and e) any other relief(s) For the plaintiff : Mr.K.Bijai Sundar For the Defendants : Ex-parte

JUDGMENT

Defendants were set ex-parte.

2. Thereafter, the matter has been referred to the learned Master for recording evidence.

3. In support of the plaintiff case, PW-1 has been examined and Exhibits P1 to P17 have been marked. The evidence of PW-1 and documents marked in support of the plaintiff's case, viz., Exs.P1 to P17 remain unchallenged.

4. Considering the evidence of PW-1 and documents marked as Exs.P1 to P17, it is found that the plaintiff has established the suit claim.

5. Accordingly, the Suit is decreed as prayed for with costs. Time for handing over the possession is one month from today. 04.04.2017 Speaking order/Non Speaking order Index : Yes/No Internet : Yes/No adl T.RAVINDRAN, J.

adl C.S.No.434 of 2013 04.04.2017 http://www.judis.nic.in