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1996 Supreme(Mad) 665

A.R.LAKSHMANAN
R. Srinivasan – Appellant
Versus
M. Thambusamy – Respondent


Advocates:
M.Ravindaran, Senior Counsel for G.Karthikeyan, for Petitioner. T.M.Hariharan, for Respondent.

Judgment :

Petitioner in C.R.P. No. 1024 of 1991 (Thambusami) is the plaintiff in O.S. No. 184 of 1982 on the file of the District Munsif’s Court, Thiruthuraipoondi. Respondent in C.R.P. No. 1024 of 1991 (R.Srinivasan) is the defendant in the said suit and petitioner in C.R.P. No. 1833 of 1989. The plaintiff- Thambusami, filed the suit against the defendant-Srinivasan for recovery of possession of 0.40 cents and a thatched house measuring 22’ x 10’ standing thereon and bearing Survey No. 129 situated in Vittukkatti Village, Thiruthuraipoondi Sub-Registrary and Taluk and bounded on north, east, south and west by the properties of Thangavel, Ponnusami, Dhanagopal and Muthiah Thevar. According to the plaintiff, the survey number was wrongly given in the plaint as R.S. No. 129 instead of Rs. No.209/2A. However, there was no dispute regarding the identity of the property and four boundaries. The plaintiff’s case is that the suit lands belongs to Sri Viswanathaswami temple and he is the tenant of the suit site under the temple from 1972 and he constructed the thatched house for his personal use and has been paying panchayat tax for the same. It is his further case that the defendant was h















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