K.SAMPATH
Murugaiyan and others – Appellant
Versus
Subbaiyan – Respondent
2. One Duraimanickam filed the suit for a permanent injunction restraining the respondent/ defendant from interfering with his possession and enjoyment of the suit property of an extent of 0.39 acre with a thatched shed, 30 palmyrah trees, 1 tamarind tree and neem tree in S.No.114-9 in Ambalapattu North Village, Orthanadu Taluk, Thanjavur District, on the following averments:
The suit property belonged to him ancestrally and in an oral family arrangement between him and his brothers about 20 years prior to the suit, the suit property among other properties fell to his share and since then he had been in exclusive possession and enjoyment in his own right as absolute owner. Patta had been granted for the suit land under Patta No.67 and he had also been paying kist etc. to the Government. There were 30 palmyrah trees on the western side in the suit land which were reared, even during the lifetime of his father and after partition, they were in his exclusive possession and a small shed in the middle of the suit land with a trident installed as an incar
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