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1995 Supreme(Mad) 35

A.THANGAMANI
T. R. S. Mani Sastrigal Alias Mani Sastrical – Appellant
Versus
T. R. Suryanarayanan – Respondent


Appearing Advocates:S. Ramamoorthy, S.V. Jayaraman, Advocates.

Judgment :-

The revision petitioner is the defendant in O.S. No. 332 of 1987 in the Court of District Munsif of Sirkuli. The respondent/plaintiff instituted that suit against him for recovery of possession of 62 cents of land in R.S. No. 153/11 of Thiruvengadu, Sirkali taluk. It is the case of the respondent/plaintiff that this part of the vacant site situate on the southern side of the defendant's house was allotted to him in the family partition. His farther permitted the revision petitioner defendant to put up a cattle shed and hay-rick therein on a charge of Rs. 2/- per month. In the agreement entered into between the parties on 1-7-1973 this permission was reiterated. In July, 1984 the compensation amount was enhanced to Rs. 50/- per year by mutual arrangement.

2. The revision petitioner resisted the suit contending that he came to occupy the land more than 60 years ago and eversince then he is in continuous enjoyment of the same. Except those portions over which hay-rick and cattle shed have been put up by him, the other part of the land is under cultivation. This cultivable extent was let out to one Chinnadurai by the father of the respondent plaintiff nearly 20 years ago. Fr











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