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1984 Supreme(Mad) 383

G.MAHESWARAN
V. S. Meenakshisundaram – Appellant
Versus
Kaliyaperumal – Respondent


JUDGMENT

G. Maheswaran, J.

1. The plaintiffs are the appellants. The suit out of which this second appeal arises was one for recovery of possession filed by the plaintiffs and for recovery of Rs. 900/- towards damages. The suit property is called Thathankuttai Aru Pangu Annabishega Pudhuvadai. It is covered by Resurvey No.111/13 in Vishnupuram Village. The plaintiffs claim title to suit property by virtue of certain purchases ranging from 1903 to 1929, According to them, they were in possession and enjoyment of the suit property, that certain sales in their favour were made by registered documents and other sales were by unregistered documents and they are only to confirm the oral sales made by them. The plaintiffs have been paying kist and enjoying the coconut trees planted on the suit property. Though the extent is 20 cents, the road comprised one cent. According to the plaintiffs, the defendants are in illegal possession and enjoyment of the suit property and therefore the plaintiffs have to file the suit for recovery of 19 cents of the suit property.

2. The defendants resisted the suit and stated that the plaintiffs have no title to the property and that in any event the defendant


















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