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2003 Supreme(Mad) 1671

M.THANIKACHALAM
Pushpam and others – Appellant
Versus
K. M. Meeran and others – Respondent


Advocates:
A.Shamugavel, for Appellants.
P.Chidambarasubramanian, for Respondents.

JUDGMENT: The unsuccessful plaintiffs, as respondents before the First Appellate Court in A.S.No.194 of 1986, are the appellants.

2. Thiru A.A.Paramasivam as plaintiff had filed a suit, for declaration of his title to the suit property, for possession and for mesne profits or in the alternative for partition of his 35/56th share, on the grounds that the suit property originally belonged to one Kader Mohideen Rowther, who died leaving his wife by name, Rosammal and two sons by name Diwan Mohideen and K.Ponnu, that Diwan Mohideen died leaving his wife Zeenath Beevi and each one was entitled to 1/3 share in the suit property, that the plaintiff has filed O.S.No.227 of 1965 for recovery of money and obtained a decree on 4.8.1965, that in order to realise the decree amount, filing E.P.No.796 of 1966, attached the property on 24.11.1966, that he bought the property in the Court auction sale held on 28.8.1974, after obtaining the leave of the Court, that in pursuance of the sale certificate, he took delivery of possession in E.A.No.664 of 1975, after the removal of obstruction created by defendants 1 to 5, that the second defendant on behalf of the first defendant agreed to be the tenant












































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