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2005 Supreme(Mad) 558

S.SARDAR ZACKRIA HUSSAIN
Alagammal (died) By LRs. & Others – Appellant
Versus
Irusayi Ammal – Respondent


Advocates Appeared: For The Appellants :Hema Sampath, Advocate. For The Respondent:S.D. Balaji, Advocate.

Judgment :-

The defendants 1 and 2 in O.S.No.25 of 1985 on the file of the Additional District Munsif Court, Kallakurichi are the appellants. The defendants though succeeded before the trial Court, but lost the case in the first appellate Court in A.S.No.149 of 1992 on the file of the Additional Sub Court, Cuddalore.

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

3. The respondent/plaintiff filed the suit originally for declaration and for permanent injunction in respect of the suit property and as per amended plaint, the plaintiff claims alternative relief for possession of the suit property by stating as per paragraph 5(a) in the amended plaint that after filing of the suit, the defendants have trespassed into the suit property.

4. The suit property is 81 cents in Dry R.S.No.26/3, Palrampattu village, patta No.51 bounded on the South of lane of Thiruvenkata Chetty, North of the land of Solaiya Pillai, West and East of the land of Palania Pillai. The first defendant is the wife of the second defendant. The plaintiff claims title to the suit property in view of the purchase as per registered sale deed (Ex.A-1) dated 11.8.1970 and after purchase she discharged the
























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