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2000 Supreme(Mad) 770

K.SAMPATH
Ramaiya Asari – Appellant
Versus
Ramakrishna Naicker alias Kollimalai Naicker & Another – Respondent


Advocates:
U. Karunakaran, for T.P.Manoharan, for Appellant. R. Thirugnanam, for
Respondents.

Judgment :

1. The plaintiff in O.S.No.34 of 1984, who is the defendant in O.S.No.92 of 1984, both on the file of the Principal District Munsif, Karaikkal, is the appellant in both the second appeals.

2. He filed O.S.No.34 of 1984 for declaration and for recovery of possession against the defendants therein alleging that the suit property had been illegally occupied by them. The defendants in the said suit are the respondents in S.A.No.1826 of 1989. The other suit O.S.No.92 of 1984 was filed by the second respondent in S.A.No.1326 of 1989 against the appellant herein for recovery of possession of the suit property. The subject matter of both the suits is the same.

3. Wewill refer the parties by their names for the sake of convenience.

4. Ramaiya Asari, the plaintiff in O.S.No.34 of 1984, has put forward the following case:

He purchased the suit property in Cadastre No.742/2 in Neravy village under a registered sale deed dated 5. 1969. Immediately to the north of the property, Ramakrishna Naicker (first defendant in O.S.No.34 of 1984) is having his property. The total extent of the property in Cadastre No.742/2 is 6A 30c. However, at the time of executing the sale deed, the extent






















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