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2004 Supreme(SC) 321

R.C.LAHOTI, A.R.LAKSHMANAN
Thiagarajan – Appellant
Versus
Venugopalaswamy B. Koil – Respondent


JUDGMENT

Dr. AR. Lakshmanan, J.-The above appeal was filed by the plaintiffs against the final judgment and order dated 28.7.1998 passed by the High Court of Judicature at Madras in S.A.No. 2147 of 1985 allowing the same and reversing the judgment dated 14.9.1984 passed by the learned Subordinate Judge, Tiruvallur in A.S.No. 21 of 1983 and restoring the judgment dated 21.01.1981 passed by the learned District Munsif, Poonamallee in O.S.No. 1459 of 1973.

2. The brief history of the case is as follows:-

The appellant Nos. 1 and 2 instituted the suit O.S.No. 1459 of 1972 against one Ganesan, Munuswami and the first respondent herein praying for declaration of title in respect of the A Schedule property and for permanent injunction in respect thereof and for possession of the B Schedule property. It was contended that the suit property measuring 66 feet North Southand 43 feet East West in Survey No. 46/2, Nehru Nagar, Kathivakkam Village was a village house site which has been described as A Schedule property and the same had been in possession and enjoyment of the ancestors of the appellants in their own right for several decades and that the appellants were entitled to the said property


















































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