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2002 Supreme(Mad) 829

K.SAMPATH
Alagar Iyengar & Others – Appellant
Versus
State of Tamil Nadu & Another – Respondent


Advocates Appeared: For the Appellants:Mr. T.R. Mani, Senior Counsel for Mr.T.M. Hariharan. For the Respondents: R1 Mr. Chinnasamy, Special Government Pleader, R2 Mr.S.Gopalaratnamn & Mr.R. Nandakumar for Mr.N. Baskaran.

Judgment :-

Defendants 1 to 3, who lost in both the courts below, are the appellants.

2. The case in brief is as follows:-

The plaintiff filed a suit for declaring his title to the suit property marked A B C D A shown in green colour in the rough plan and also for permanent injunction. Originally the suit property and other properties were purchased by the plaintiff's father and the plaintiff's brother under a registered sale deed dated 15.03.1958 and they took possession of the same. They constructed pucca stone revetment on the border of their land purchased. They have also planted and raised silver oak trees, orange trees, vagai trees, jackfruit trees, pepper and cardamum plants and also coffee plants. They spent about Rs.5000/= even as early as 1958 and planted the said trees. They are now more than 24 years old. Subsequently, in the partition that took place between the plaintiff's father and brother, the suit property fell to the share of the plaintiff's father. Ever since the partition, the plaintiff's father became the absolute owner of the property and he died recently leaving his two sons to succeed to his estate. The plaintiff and his brother along with other sisters ente











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