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1999 Supreme(Mad) 2818

K.SAMPATH
Natarajan – Appellant
Versus
Veeran – Respondent


Advocates:
V. Balasubramanian, for Appellant. T.M. Hariharan, for Respondent.

Judgment :

The defendant in O.S.No.105 of 1983 on the file of the Subordinate Judges Court, Madurai is the appellant in the second appeal. The respondent herein filed a suit for declaration and permanent injunction in respect of two items of properties, namely, two cents in R.S.No.79/9 and 1 acre, 39 cents with well in R.S.No.51/2 situate in Vanjinagaram Village in Melur North Panchayat Union within Dindigul registration District on the following averments: Suit items originally belonged to the family of the appellant. The properties went out the family pursuant to some court sale in E.P.No.227 of 1978 in O.S.No.121 of 1968 on the file of the District Munsifs Court, Melur. The court auction purchaser one Meyyappa Chettiar sold the properties to the respondent on 211. 1971 for R.1,500. The appellant had been nurturing a desire for a long time to get back the properties by means fair or foul. Item No.1 though registered as nanja where few crops were raised was a house site. As regards item No.2, the appellant had properties on the west and the north and there was also copious supply of water in the well in item No.2. The appellant wanted the respondent to sell the properties to him. R




































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