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1977 Supreme(Mad) 95

A.VARADARAJAN
S. Palanivelu – Appellant
Versus
K. Veradammal – Respondent


Advocates:
S. Navaneethakrishnan, for T. R. Rajagopalan and T. R. Rajaraman, for Appellant .
N. Sivamani, for Respondent.

Judgment.-The defendant who lost in both the Courts below is the appellant. The respondent filed the suit for a declaration of her title to the portion of the land shaded blue and marked DEFG in the plaint plan and for recovery of possession thereof and also for a permanent injunction restraining the appellant from interfering with her possession and enjoyment of the remaining portion of the suit property. The entire suit property is a land measuring about 10 grounds and 1900 sq. ft. in R.S. No. 3173|14, Block No. 55, Nadavakkam tank area in Purasawalkam. The blue shaded portion marked D.E.F.G. is in the southwestern corner of R.S. No. 3173/14. The respondent is the owner of R.S. No. 3173/14, as per the settlement deed Exhibit A-1, dated 11th June, 1962, executed by her mother Adiammal. She filed the suit alleging that the appellant trespassed into the D.E.F.G. portion of the suit land measuring 5 feet east-west and 63 feet north-south on 21st April, 1968 and that he was attempting to interfere with her possession and enjoyment of the remaining portion of the suit property.

2. The appellant is the owner of the western land bearing R.S. No. 3173 12, measuring 1 ground and 30 sq. ft.


























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