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1981 Supreme(Mad) 335

V.SETHURAMAN
L. A. K. Shanmughasundaram Chettiar – Appellant
Versus
Municipal Council – Respondent


JUDGMENT

V. Sethuraman, J.

1. The plaintiffs in O.S. No. 92 of 1973 in the Court of the Subordinate Judge of Tuticorin are the appellants. They filed the suit for declaration of their title and for injunction in respect of the suit property. The suit was filed by them as representatives of a community called the 24th Manai Telugu Chettiar Community of Sankarankoil. Defendants are the Municipal Council, Sankarankoil, which was previously a Panchayat, and one Kandasamy Naicker, who was a contractor working for the Municipal Council. The suit property is situated in Sankarankoil Town immediately west of the Main Road running north to South. The entire property is described as item 1 in the plaint and its measurements are 115 1/2 feet east to west and 112 3/4 feet north to south. There are two buildings, a hotel and a mandapam in the north-eastern portion of this property. In fact, it runs to a good portion of the north in the plan as prepared by the Commissioner. The east-west measurement of those buildings is 60 feet north to south and 49 1/2 feet east to west. The remaining portion is a vacant site situated immediately west and south of those buildings. The total extent of the dispute





















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