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2007 Supreme(SC) 1636

ARIJIT PASAYAT, P.SATHASIVAM
BALASUBRAMANIAN – Appellant
Versus
RAMAIAH THONDAMAN – Respondent


P. SATHASIVAM, J.

( 1 ) THE Legal Representatives of the deceased defendant being aggrieved by the judgment and order dated 22. 03. 2001 passed by the High Court of Judicature at Madras in Second appeal No. 45 of 1985 allowing the same filed by the respondent-herein have preferred the above appeal.

( 2 ) BRIEF facts of the case are as follows: the respondent herein/plaintiff filed a suit for declaration of his title and for injunction restraining the defendant from interfering with his possession and enjoyment of the suit property or in the alternative for possession of the suit property. According to the plaintiff, the suit property belonged absolutely to Ramasamy Konar and his daughter Nachammai. The patta was in their names and they were in enjoyment of the same. The plaintiff purchased the suit property from the said Ramasami Konar and his daughter for Rs. 12,300/- on 11. 09. 1978. From the date of purchase, the plaintiff was in possession. The defendant 's husband purchased some of the property from the said Ramasami Konar. Since the defendant with their followers caused disturbance to the plaintiff in the matter of enjoyment of the suit property, the plaintiff filed the sui









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