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2006 Supreme(Mad) 3179

A.KULASEKARAN
A. P. Kuppusamy & Others – Appellant
Versus
P. Kumarapalayam Municipality – Respondent


Appearing Advocates: For the Appellants:Illango, Advocate. For the Respondent:Senthilkumar, Advocate.

Judgment :-

(Second appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 27.04.1995 made in A.S.No.4 of 1995 on the file of the Subordinate Judge, Sankagiri, confirming the judgment and decree dated 28.03.1994 made O.S.No.833 of 1985 on the file of District Munsif, Tiruchengode.)

The plaintiffs, who lost their case before the Courts below, are the appellants herein. The plaintiffs have filed O.S.No.833 of 1985 on the file of District Munsif, Tiruchengode for permanent injunction and the same was dismissed, against which, they have preferred an Appeal in A.S.No.4 of 1995 on the file of Subordinate Judge, Sankagiri and the same was also dismissed. Hence the present second appeal.

2. The case of the appellants is that their father viz., Perumalsami Chettiar purchased the suit property from Murugesan Chettiar and Arthanari Chettiar under Ex.A1 dated 16.11.1950. The said Perumalsami Chettiar died on 17.06.1982, which is evident under Ex.A2. Ex.A3 series are house tax receipts issued in the name of the appellants. Citing the above said documents, the appellants sought for permanent injunction against the respondent Municipality, who attempted to cons























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