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1997 Supreme(Mad) 175

S.S.SUBRAMANI
Vediammal and others – Appellant
Versus
M. Kandasamy and others – Respondent


Advocates:
V.Raghavachari, for Appellants. G.Jawaharlal, for Respondent No.1 (Caveator).

Judgment :

Plaintiffs in O.S. No.337 of 1985, on the file of District Munsif’s Court, Harur, are the appellants.

2. Suit filed by them was to declare their title to 1-17 acres of land which is more specifically described in the plaint schedule. It is their case that they purchased the property as per sale deed dated 25. 1974 from Chinnappa Gounder, Sevatha Gounder and Raja Gounder. It is further said that even though the sale deed refers to only one acre of land, in fact they obtained possession of 1-17 acres, and ever since the sale deed of 1974, they came into possession of the property, and the same was within the boundaries described in the sale deed. It is further said that the property has also been sub-divided and the said 1 acre, 17 cents has been given sub-division numbers, and they are also paying revenue to the Government. Cause of action was stated to be that de- fendants 2 to 4, who are previous owners have instigated first defendant to trespass into the portion and, therefore, the suit was filed for the reliefs stated above.

.3. In the written statement filed by defendants 2 to 4, they contended that the sale deed in favour of plaintiff is only for one acre, and the

































































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