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1987 Supreme(Mad) 374

BELLIE
Kannammal – Appellant
Versus
G. Panchakshara Chetty – Respondent


JUDGMENT

Bellie, J.

1. The defendant Kannammal is the appellant in this second appeal. The suit relates to 1.35 acres of land in Amur Village (1.10 acres in S. No. 143/5 and Order 25 acres in S. No. 143/6 aggregating to 1.35 acres). The suit is filed for declaration of title and injunction. The suit land originally belonged to one Lakshmana Naidu. He executed a simple mortgage of the land in favour of one Chinna Munusamy on 12.6.1930. In discharge of that mortgage the mortgagor executed a sale deed in favour of the mortgagee's son by name Rajagopala Chetty on 1.5.1937. This Rajagopala Chetty is the father of the plaintiffs 1, 3 and 6. (Originally the suit was filed by the first plaintiff first son of Rajagopala Chetty and the second plaintiff the lessee of the land, but subsequently second son of Rajagopala Chetty, wife of Rajagopala Chetty and his two daughters were impleaded respectively as plaintiffs 3 to 6). It is the case of the plaintiffs that since the date of sale in favour of Rajagopala Chetty himself, and after his death his sons, wife and daughters i.e. the plaintiffs 1 and 3 to 6 were in possession and enjoyment of the land by leasing it to the second plaintiff. While so



































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