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1975 Supreme(Mad) 584

V.SETHURAMAN
Rajasekaran and others – Appellant
Versus
Elumalai Goundan and – Respondent


Advocates:
T. Rangasuami Ayyangar, for Appellant.
K. Parasaran and S. Jagadeesan, for Respondents.

JUDGMENT.- The plaintiffs, who are the appellants and who are the father and sons filed a suit for declaration, of title, injunction and possession in respect of four items of properties situated in the Pallapatti Zamindari in Salem. The lands originally formed part of Gundu Chetty Eri. In 1915 or 1916 a railway line was constructed to the south of these properties, with the result the flow of water towards these lands was interrupted. According to the plaintiffs these lands ceased to be the Eri land since then. The four items are in T.S. No. 7/3 measuring 10 cents; T.S. No. 7/4 measuring 19 cents. T.S. No. 7/5 measuring 22 cents and T. S. No. 7/9 measuring 67 cents. The father of the plaintiff had a rice mill in T.S. No. 6 and these lands were acquired from the Zamindar on 19th December, 1938. A receipt was passed for Rs. 649 paid, by cheque for compensation for the land value for patta No. 152 of Pallapatti village. It may be mentioned herein that the rice mill is situate in patta No. 152. On 12th April, 1943 another receipt was executed by the Zamindarini by name Gnanambal saying that in respect of these lands lying west of survey No. 152 measuring 60 cents, a sum of Rs. 2,400 w






































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