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2000 Supreme(Mad) 473

K.NATARAJAN
Krishnamurthy Chettiar and another – Appellant
Versus
Thangaraju Padayatchi – Respondent


Advocates:
M/s. Meera Jagadisen, for Appellants. C.Selvaraj, for Respondent.

Judgment :

This second appeal has been directed against the judgment an decree, dated 22. 1988 passed in A.S.No.104 of 1986 on the file of the Subordinate Judge, Ariyalur reversing the judgment and decree of the Court of the District Munsif, Perambalur dated 17. 1986 made in O.S.No.1809 of 1981.

.2. Theshort facts are:

.The husband of the vendor of the respondent/ plaintiff and the appellants/defendants are brothers. The vendor of the respondent is one Geetha, who is the wife of Kabeerdos. Geetha sold the suit property to the respondent/plaintiff claiming that a partition took place even during the lifetime of her husband and after the death of her husband, she was enjoying the properties. The respondent/plaintiff purchased suit property under Ex.A-2, dated 27. 1981. The respondent/plaintiff claimed after his purchase, he was enjoying the suit property as house by paying the house tax, but during the year 1981, the appellant/defendant attempted to trespass into the suit property, which compelled him to file the suit for a declaration of his title and for a permanent injunction.

.3. The appellants/defendants resisted the suit stating the document, Ex.A-1, dated 4. 1979 is not a m










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