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1996 Supreme(SC) 1405

K.VENKATASWAMI, N.P.SINGH
Navaneethammal – Appellant
Versus
Arjunachetty – Respondent


JUDGMENT

K. Venkataswami, J.-The plaintiff who filed a suit on 13.6.1962 for declaration of her title to the suit property and for recovery of possession is the appellant herein. The suit property is an extent of 1.13 acre out of 3.39 acres in Survey No. 330/2 in Ulli Village, Gudiyatham Taluk, North Arcot District, Tamil Nadu. It was purchased by the plaintiff under registered sale deed dated 21.3.1957 from one Mohd. Ghouse. The respondent herein who was the defendant in the suit admittedly was let in to possession of the suit property along with the balance of above-mentioned Survey No. 330/2 as a tenant under a registered lease deed dated 1.4.1935. The vendor of the plaintiff after the sale issued a notice to the defendant on 16.4.1957 intimating the fact of sale to the plaintiff. The defendant in his reply dated 27.4.1957 denied his status as lessee and his liability to pay rent. He set up title in himself to the suit property. The plaintiff on his part issued a notice on 10.5.1957 intimating the defendant about her purchase and calling upon him to pay rent in future as a lessee. As defendant set up title in himself, the plaintiff was obliged to file the suit as stated above.










































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