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1998 Supreme(Mad) 614

K.SAMPATH
V. Manakkan and five others – Appellant
Versus
Veera Perumal – Respondent


Appearing Advocates:Mr.D. Peter Francis, Advocate for Appellants. Mr.B. Kumar, Advocate for Respondent.

Judgment :-

1. The defendants are the appellants.

2. The suit O.S. No.56 of 1980 was filed by the respondent herein against the appellants before the District Munsif, Tirunelveli, for declaration of title and for permanent injunction against them restraining them, their men, etc., from interfering with his enjoyment of the property on the following averments:

The suit vacant site and the house that stood thereon belonged to his grandfather, who sold it to one Manakkan several years back. Manakkan was in possession and enjoyment of the same for many years and on his death, his son, one Lakshmanan was in possession and enjoyment. He left the village for good and settled in a neighbouring village, called Savalakkarankulam. The house fell down in course of time about 12 years prior to the suit and since then, the respondent was in enjoyment of the vacant site. He had also planted one Vadamadakki and also raised Karuvai trees in the site. On 5.2.1979, he got the sale deed under Ex-A.1 from the said Lakshmanan and had thus perfected title to the schedule site and the trees standing thereon. He was the owner in possession. With a view to put up a house in the site, he was arranging to cut
























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