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2005 Supreme(Mad) 1904

N.PAUL VASANTHAKUMAR
Ponnan (alias) Palaniappan & Another – Appellant
Versus
Chinna Gounder (Died) by LRs. & Others – Respondent


Advocates Appeared: For the Appellants:P. Mathivanan, Advocate. For the Respondents:R2 to 4, N. Manoharan, Advocate.

Judgment :-

(Second Appeal filed under Section 100 of Code of Civil Procedure, against the decree and judgment of the learned Subordinate Judge, Namakkal, in A.S.No.131 of 1993 dated 6.2.1995, confirming that of the learned District Munsif, Namakkal in O.S.No.876 of 1989 dated 28.4.1993.)

The unsuccessful defendants, having lost before the Courts below, preferred this second appeal. The sole plaintiff died pending second appeal and his legal representatives were impleaded as respondents 2 to 4 as per the orders of this Court dated 23.2.1996.

2. The brief facts leading to filing of the original suit are that the deceased plaintiff purchased the suit property on 23.6.1965 for valid consideration from one Ramasamy Gounder's wife Veerammal and her sons Kuppusamy and Perumal, and eversince the date of purchase, he was in absolute possession and enjoyment of the same. The adjacent land belongs to one Vellaiyan @ Karuppanna Gounder, elder brother of the first respondent. Next to that, lies the land of defendants, on the southern and eastern side of plaintiff's land. The specific case of the plaintiff is that he is the absolute owner of the suit property, enjoying the same by raising groundn



























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