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2000 Supreme(Mad) 941

V.KANAGARAJ
C. Vellaisamy – Appellant
Versus
C. Chinnakannu – Respondent


Advocates:
P.L. Narayanan for Appellant. ARL. Sundaresan, for Respondent.

Judgment :

1. The plaintiff in the suit in O.S.No.71 of 1995 on the file of the Court of District Munsif, Devakottai has preferred the above Second Appeal against the concurrent findings rendered both by the trial court and the first appellate court, the court of Subordinate Judge, Devakottai in dismissing the suit filed by the plaintiff, seeking the relief of declaration and delivery of possession of the suit property which is a residential building in D.No.2/87 in Old S.No.89/12 of Ariyakudi Village, Karaikudi Taluk in Sivagangai District.

2. The plaint averments, in short, are that the plaintiff having constructed the house in a village natham poramboke land and obtaining patta No.702 for it, in his name, has been in possession and enjoyment of the same for the last 30 years; that on the North of the suit property, there is a house site assigned by the Government in which he has constructed a house falling under S.No.89/10; that he had obtained co-operative loan pledging the said property; that the defendant has no semblance of right in the suit property; that he has no ancestral properties; that the defendant after his marriage had been to Sankarapuram and permanently stayed th































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