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2002 Supreme(Mad) 170

P.D.DINAKARAN, S.JAGADEESAN
R. Karithimma Naidu – Appellant
Versus
R. Venkatarama Gounder and others – Respondent


Advocates:
N.Varadarajan, for Appellant.
V.Narayanaswami, for Respondent Nos.1 and 2.

P.D.Dinakaran, J.: Heard both sides.

2.1. For the purpose of convenience the parties are arrayed as per ranks in the suit.

2.2. The above appeal is directed against the judgment and decree dated 24.6.1999 in A.S.No.715 of 1987 of the learned single Judge reversing the judgment and decree dated 13.7.1987 in O.S.No.387 of 1984 on the file of the III Additional Subordinate Judge, Coimbatore, filed by the appellant herein for recovery of possession of the suit property, damages for a sum of Rs.15,000 from the defendants 1 and 2 for their use and occupation of the properties, and for future damages at Rs.5,000 per year from the date of filing the suit, under the following facts and circumstances of the case.

2.3. The suit property consists of two items. Item No.1 of the suit property is the portion at door No.10/6, (New No.1/16), Pillaiyarkoil Street, Katoor, Coimbatore and Item No.2 of the suit property is the located at door No.91, Mall Mill Road, Coimbatore.

2.4. The case of the plaintiff is that both the suit properties originally belonged to one Rangasamy Gounder, who had two sons, namely R.Rakkianna Gounder and R.Venkatarama Gounder, of whom R.Rakkianna Gounder died before 1944 leavin


























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