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1972 Supreme(Mad) 368

ISMAIL, PALANISWAMY
T. Panchapakesan (died) – Appellant
Versus
Peria Thambi Naicker (died) – Respondent


Advocates:
C. S. Prakasa Rao and V. A. Sadagopan, for Appellants; V. S. Natarajan, I. A. Khyoom and A. S. Bibi John, for Respondents.

Judgement

PALANISWAMY, J. :- The first defendant in O.S. No. 70 of 1960 on the file of the Subordinate Judge's court, Chingleput, is the appellant. The eleven plaintiffs-respondents instituted the suit for a declaration that they are entitled to certain plots marked in the plaint plan and situated in S. No. 140 of Selayur village and for consequential permanent injunction restraining defendants 1, 9 and 10, from interfering with their possession of the said plots, or in the alternative, for partition and separate possession of 18/32 shares. The land in question measures 2.82 acres. It was originally a carpenter inam. It was resumed by the Government on 17-12-1935, and the Collector of Chingleput appears to have passed an order and issued patta in respect of this land. The terms of the order are not known as it is not produced. The plaintiffs claimed that on 21-07-1950, at a gathering of the mirasidars of the village, a partition was effected, that at that partition the plots mentioned by them were allotted to their shares and therefore they were entitled to the main relief of declaration of their title to the said plots and for the consequential injunction against defendants 1, 9 an












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