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1996 Supreme(Mad) 884

A.R.LAKSHMANAN
Kannammal, wife of Arumugam – Appellant
Versus
Kuppanna Gounder – Respondent


Advocates:
K.M.Santhanagopalan, for Appellant. V.Manohar, for Respondent.

Judgment :

The respondent filed O.S.No.135 of 1985 against the appellant herein on the file of the Sub Court, Udumalpet for a declaration and possession of about O.52 cents of land alleged to have been encroached by the late husband of the appellant and subsequently said to be in her possession. The appellant had further sought past mesne profits of Rs.15,000 and future mesne profits at the rate of Rs.5,000/- per year. The suit was dismissed with costs. Aggrieved against the same, the respondent filed an appeal In A.S.No. 62 of 1988 on the file of the I Additional District Judge, Coimbatore against the abovesaid decree. The lower Appellate Court set aside the trial Court’s decree and has remanded the matter to the trial Court with a direction to appoint a new Advocate Commissioner to measure the suit properties with the help of a surveyor and dispose of the case afresh. Aggrieved against the same, the appellant has filed the above appeal.

2. According to Mr.Santhanagopalan, learned counsel for the appellant, the appellant’s husband had acquired the properties as early as 1957 within specified boundaries and the same has been in the continuous possession and enjoyment of their lessee





















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