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2003 Supreme(Mad) 175

K.SAMPATH
Muniammal – Appellant
Versus
Muthu Gounder (died) & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. N.Damodaran, Advocate. For the Respondents:R1 Mr. R.Margabandhu, Advocate.

Judgment :-

The defendant in O.S.No.208 of 1985, on the file of the Subordinate Judge's Court, Vellore, is the appellant in the second appeal. The first respondent herein, who died pending second appeal and whose Legal Representatives have been brought on record as the other respondents, filed the suit for declaration and permanent injunction in respect of A and B schedule properties on the following averments:

2. Plaint A and B schedule properties originally belonged to one Benjamin. They are adjacent to each other. Benjamin sold the properties to Dhanabakiyam on 24.9.1951. By mistake, the "B" schedule property was omitted to be mentioned in the sale deed. However, eversince the date of sale in her favour, Dhanabakiyam was in possession and enjoyment of both the items. On 15.3.1967 Dhanabakiyam sold the properties to the plaintiff. Since the date of his purchase, the plaintiff had been in possession and enjoyment of the properties. As regards the property not covered by the sale deed, the plaintiff had prescribed for title by adverse possession. He had been in possession and enjoyment of B Schedule property by putting up a thatched house, cow shed and by residing in the thatched ho










































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