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1983 Supreme(Mad) 552

S.NAINAR SUNDARAM
Ramaswami Panipoondar – Appellant
Versus
Mani – Respondent


JUDGMENT

S. Nainar Sundaram, J.

1. The plaintiff in O.S. No. 70 of 1977 on the file of the District Munsif, Pattukkottai, is the appellant in this second appeal. The respondent herein is the first defendant in the suit. There were two other defendants and they have not been made parties to this second appeal, since obviously their presence is not necessary for the purpose of this second appeal. The plaintiff laid the suit for declaration of title and for recovery of vacant possession. The suit has come to be filed under the following circumstances. The suit property is about one kuzhi of land in new survey No. 158/9/19, part of old survey No. 158/1 in Avadainallavijayapuram village, Orathandau Taluk, Thanjavur District. The suit property and five kuzhis of land south of the suit property (total 2 cents) were purchased by the plaintiff from one Chinnayyan under a registered sale deed dated 23-7-76, marked in the suit as Ex.A-1 and the plaintiff has put up a shed thereon and it is in his enjoyment. Before the sale, the first defendant had taken a shed in the suit property from Chinnayyan on lease and on purchase by the plaintiff, the first defendant and Chinnayyan agreed to dismantle a
























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