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1981 Supreme(Mad) 83

SETHURAMAN
Bhagyathammal – Appellant
Versus
Dhanabagyathammal – Respondent


Judgement

JUDGEMENT :- This second appeal has been filed by the plaintiff in O.S. No. 1027 of 1970 in the court of the District Munsif of Pattukottai. The suit property is situated in Maharajasamudram village which was an inam village taken over by the Government. Proceedings for patta in relation to the property were said to be pending. The plaintiff purchased this property under sale deed dated 16th June, 1968 from the fourth defendant. Alleging that defendant 1 to 3, who attempted to purchase the suit property from the fourth defendant did not succeed and that they obstructed the plaintiff from enjoyment the suit property he came forward with the present suit initially for the declaration and permanent injunction or in the alternative, for recovery of possession as against defendants 1 to 3. The second defendant died during the pendency of the suit and his legal representatives are defendants 5 and 6. The fourth defendant, the vendor to the plaintiff was impleaded on 2-2-1972 in pursuance of an application filed on 16-10-1971: Along with this application there was a prayer for amendment of the plaint for recovery of damages from the fourth defendant. As in the present appeal we a



















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