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1977 Supreme(Mad) 86

VARADARAJAN
Nagamalai Thevar – Appellant
Versus
Pandaram – Respondent


Judgement

JUDGMENT:- The plaintiff, who lost in both the courts below, is the appellant. He filed the suit for possession of the eastern 85 cents out of 1 acre 87 cents comprised in R. S. 126/3-A called 'Kalpulichanpatti Punjai' in Vikramangalam village, Thirumangalam taluk. The suit property is A schedule property which forms part of B schedule property. The appellant's case was that the entire B schedule property belonged originally to Naga Thevar. The appellant had filed S.C. 312 of 1940 in the District Munsif Court. Thirumangalam for recovery of certain moneys due to him from Naga Thevar. After the death of Naga Thevar, pending that suit, his sons Chinnakannun alias Kaluva Thevar and Peyandi Thevar were added as his legal representatives. Subsequently, a decree was obtained in that suit and E. A. 87 of 1942 was filed for transmission of the decree to the original side for execution. Thereafter, the appellant filed E. P. 121 of 1942, and got the entire B schedule property attached in execution of the decree on 9-5-1946. Subsequently, the property was brought to sale in E. P. 405 of 1952 and purchased by the appellant himself on 27-7-1953 under the sale certificate, Ex. A-1, subje





















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