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1998 Supreme(Mad) 24

P.SATHASIVAM
R. Ranganatha Naidu – Appellant
Versus
R. Subramaniya Mudaliar – Respondent


Advocates:
T.P.Sanliaran, for Appellant. M. V.Krishnan, for Respondent.

Judgment :

Defendant in O.S.No.304 of 1975 on the file of District Munsif, Tiruvallur is the appellant in the above second appeal. The plaintiff/respondent herein filed the said suit for declaration and for recovery of possession. The trial court dismissed the suit and in the appeal, at the instance of the plaintiff, the lower appellate court allowed the appeal and decreed the suit as prayed for. Aggrieved by the judgment and decree of the lower appellate court in A.S.No.65 of 1982 the defendant has filed the present second appeal.

2. The case of the plaintiff/respondent herein is briefly stated here under: He filed the said suit for declaration and possession by saying that he purchased the suit properties in court auction and took possession of the same with standing crops on 22. 1975. It is also contended that on 22. 1975, since the lands under dispute were under the possession of the de-, fendant, symbolic delivery was effected. Since the defendant was disputing the title of the plaintiff, the plaintiff has filed the said suit. The defendant/ appellant herein filed a written statement wherein it is contended that he purchased the suit property for valuable consideration under tw




















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