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1987 Supreme(Mad) 144

S.A.KADER
Periaswami – Appellant
Versus
The Government Of Tamil Nadu Represented By The Collector Of Salem – Respondent


JUDGMENT

S.A. Kader, J.

1. The appeal is against the judgment and decree of the learned Additional Subordinate Judge of Salem in O.S. No. 556 of 1976. The unsuccessful plaintiffs are appellants.

2. The suit was originally instituted by the 1st plaintiff and his three sons who are plaintiffs 2 to 4. Pending suit, the 1st plaintiff died whereupon his daughter and widow have been subsequently impleaded as plaintiffs 5 and 6. The brief facts of, the case which is a suit for compensation for land acquisition are these: The property more particularly described in the plaint bearing pymash Number 111/3, Komarapalayam Agraharam village in Trichengode Taluk with an extent measuring 3.09 acres belonged to the 1st plaintiff by purchase under three registered deeds of sale dated 29.4.1950, 30.7.1950 and 11.10.1950 in favour of the 1st plaintiff. Ever since, the 1st plaintiff had been in possession and enjoyment of, the same. Patta book has been issued in favour of the 1st plaintiff by the Government and kist was being paid by the 1st plaintiff. The 1st plaintiff was also taking water for suit land from the Cauvery river by virtue of the permission given by the Collector. In or about 1972, the Gov


















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