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1995 Supreme(Mad) 313

ARUMUGHAM
The Tamil Nadu Housing Board rep. by Chairman, Madras – Appellant
Versus
A. Viswam and others – Respondent


Advocates:
Mr.T.R. Rajagopalan, Senior Counsel for Mr.V. Sundar Anandan for Petitioner; Mr.T. R. Mani, Senior Counsel for Mr. A. Muthukrishnan for Repondents.

Judgment :

By invoking section 114 of the Code of Civil Procedure and Order 47 Rule 1 C.P.C, the Tamilnadu Housing Board sought to review the judgment and decree rendered by this Court by Justice Swamidurai, J, as he then was, in Second Appeal No. 1526 of 1988 dated 7-4-1994 on the ground of legal error causing injustice to the appellant herein.

2. The suit property, a land situated in Survey No. 140/4 in Kodambakkam village within the Registration district of Madras bounded on North by 8th Avenue R.S.No. 140/3, on east by property of Appavoo Mudaliar and 48th street on the west by 1st Avenue Main Road, on south by plot -30 with the superstructure thereon and marked in the plaint sketch filed along with the plaint, was claimed to have belonged to one Mr.Viswam, the 1st plaintiff, who died during the pendency of the proceedings, and consequently his legal representatives 2 to 11 were brought on record. Claiming title on the basis of a long adverse possession pursuant to the grant made by one Appavoo Mudaliar to the 1st plaintiff Viswam long back apprehending interference by the Tamilnadu Housing Board under the pretext of the acquisition done to the surrounding area, the relief of p

























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