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2005 Supreme(Mad) 556

S.SARDAR ZACKRIA HUSSAIN
Dalmia Cement (Bharat) Limited – Appellant
Versus
Uthandi alias Peria Uthandi – Respondent


Advocates Appeared: For The Appellant :P. Valliappan for Sarvabhauman Associates. For The Respondents:D. Sivakumar, Advocate.

Judgment :-

The plaintiff, who was successful before the trial Court and lost his case before the first Appellate Court, is the appellant in this second appeal.

2. The parties are referred to as per their rankings in the suit.

3. The plaintiff filed the suit for declaration, possession and for mesne profits. The case of the plaintiff as per the averments in the plaint is as follows:-

The plaintiff is the owner of the suit property bearing Survey No.125/2 of Chetti Chavadi Village comprised in patta Nos.1 and 2 in Salem Taluk measuring 0.48.0 Hectares dry land in which the defendant unlawfully occupied the portion measuring about 1.20 acres. The suit property was originally portion of Chetti Chavadi Jaghir in Salem Taluk, which is a Sarva Inam. The entire Jaghir was purchased by the Magnesite Corporation of India under two sale deeds dated 31.8.1945 and after purchase, the Magnesite Corporation of India has been in enjoyment of both Melwaram and Kudiwaram rights in the entire Jaghir. The assets and liabilities of the Magnesite Corporation of India were taken over by the plaintiff in the year 1964 and from then onwards, the plaintiff has been in possession and enjoyment of the entire C



































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