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2006 Supreme(Mad) 743

S.ASHOK KUMAR
Muthammal (died) by LRs & Another – Appellant
Versus
The State of Tamil Nadu, rep. by the Collector of Salem District & Another – Respondent


Advocates Appeared: For the Appellants:Mr. T.R. Mani S.C., for Mr. T.M. Hariharan, Advocate. For the Respondents: Mr. S. Senthilnathan for AGP (CS).

Judgment :-

(Second Appeal preferred against the judgment and decree dated 31.10.1994 made in A.S.No. 97 of 1992 on the file of the learned Subordinate Judge, Namakkal, confirming the judgment and decree dated 24.9.1992 made in O.S.No. 113`1 of 1988 on the file of the learned Principal District Munsif, Namakkal.)

The unsuccessful plaintiff before the courts below is the appellant herein.

2. During the pendency of this appeal, the first appellant/plaintiff died and his legal representative, the second appellant has been brought on record. The plaintiff filed the suit for declaration of title and for permanent injunction in respect of the schedule mentioned suit property. According to the plaintiff she purchased suit first and second items of the properties from his vendor Palaniandi under Ex.A.1, dated 14.1.1945 for a sale consideration of Rs.25/=. In respect of suit third item, he has been in adverse possession since purchase of suit first and second. As the defendants are attempting to take possession of the suit properties, the plaintiff has filed the suit for the reliefs stated as above.

3. The second defendant in his written statement which has been adopted by the first defendant




















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