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1997 Supreme(Mad) 589

S.S.SUBRAMANI
Nanjammal and others – Appellant
Versus
Marappa Gounder and another – Respondent


Advocates:
T.Murugamanickam, for Appellants. S.Subramaniam, for Respondents.

Judgment :

Additional plaintiffs 2 to 7, who are legal heirs of original plaintiff in O.S.No. 105 of 1975, on the file of the District Munsif’s Court, Gobichettipalayam, (renumbered as O.S.87 of 1982, on the file of Sub Court, Gobichettipalayam), are the appellants.

2. The plaintiff filed the suit to declare the title over the suit property and also for other consequential reliefs which are described thus:

“(a) Declaring the plaintiff’s title of the suit property;

(b) Declaring plaintiff’s easement right in the suit cart track for using and taking carts, cattle and men through the cart track to the suit property;

(c) Granting a permanent injunction restraining the defendant, their relatives and on from interfering the suit property peaceful enjoyment of the plaintiff in the suit property and from obstructing or preventing the free user of the cart track by the plaintiff; and (d) Awarding the cost of the suit...”

The suit property is described thus:

“An extent of 2 acres and 933/4 cents situated in the northern portion in S.F. No.369 and 370 in Kondappanaickenpalayam village, Gobichettipalayam Taluk along with the cart-track starting from the Panchayat Board road which proceeds f





















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