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2004 Supreme(Mad) 1296

M.KARPAGAVINAYAGAM
Kuppuswami Naidu – Appellant
Versus
Krishnasami Naidu – Respondent


Advocates Appeared: For The Appellant :A.Shanmugam. For The Respondent:R.Krishnan, M/s A.Sivaji, Advocates.

Judgment :-

Having lost in both the Courts below, the plaintiff has filed the above second appeal.

2. The case of the plaintiff is as follows:-

The plaintiff's father Alagiriswami Naidu and his brother Ayyaswami Naidu partitioned the properties on 10.10.1934. Under the said partition, the share of 5 acres 62 cents of garden lands in S.No.217/1 of Valukkuparai Village devolved upon the plaintiff's father. Out of the said land, the plaintiff's father sold 2 acres to Nanjama Naidu on 15.3.1940. After the death of the said Nanjama Naidu, his sons sold the said property to the defendant on 17.6.1982. A further partition was held among the brothers. By virtue of the same, the plaintiff got the share of the land measuring 1.81 cents in the garden land at the northern side to the property of 2 acres belonging to the defendant. Since then, the land measuring 1.81 cents has been in possession and enjoyment of the plaintiff and 2 acres has been in possession of the defendant. After the sub division, it came to be known that the defendant was in possession of 2.25 acres instead of 2 acres. Even without the knowledge of the plaintiff, the defendant occupied 25 cents belonging to the plaintiff in














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