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2002 Supreme(Mad) 1500

R.JAYASIMHA BABU, PRABHA SRIDEVAN
John Sylem – Appellant
Versus
Chanthanamuthu Pillai (died) & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.R.Thiagarajan, Senior Counsel. For the Respondents: R2 Mr.G.Subramanian Senior Counsel, Miss. Selvi George Special Government Pleader (Forests), R3-R8 Ms.J.Anandavalli.

Judgment :-

R.Jayasimha Babu, J.

This appeal is by the plaintiff who had brought the suit O.S. No.106 of 1969 on the file of the Subordinate Judge, Nagercoil seeking the relief of declaration of his title and possession of the plaint schedule property and for other reliefs. The order under appeal is reported in (1997) II MLJ 537 (John Sylem vs. Chanthanamuthu Pillai).

2. The title claimed by the plaintiff rested upon the document Ex.A.1 dated 10.03.1969 in which the property was described thus: "Property which lies in the middle portion of Lekkom 28 having an area of approximately 100 acres lying in the North East portion of the ¬ of Lekkom 28 ( ¬ consists of the west part of northern and the whole of western side) in survey No. 2917". The boundaries given are - North : Mulagumadan Pottai; East : Survey No.2917/3; South : Survey No.2696; and West : Survey No.2695/3. The northern boundary was to be located with reference to the judgment of the High Court in Appeal Suit No.81 of 1961 relating to one Kumaraswamy. The suit filed by Kumaraswamy was later dismissed, and that northern boundary was not located and it's location remains unknown.

3. That the purchase made for Rs.10,000/- of o









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