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1992 Supreme(Mad) 600

ABDUL HADI
A. Sankaralingam – Appellant
Versus
Arunachala Reddiar and others – Respondent


Advocates:
S.V.Jayaraman, for Appellant. N.V.Balasubramaniam, for Respondent.

Judgment :

The plaintiff is the appellant in this second Appeal. The suit is for declaration of his title to the suit properly and for consequential injunction or in the alternative for possession. The suit property is a vacant site measuring east to west 10 yards and south to north 23 yards and comprised in S.No.183/1 (part) in Vellur village natham. The plaintiff claimed it under Ex.A-6 sale deed dated 23. 1978 and according to him, his vendor Gopalakrishnan got the said properly under a registered settlement deed dated 21. 1947, the registration copy of which is Ex.A-3, from one Thirumalaiammal. The plaintiff also sought title by adverse possession alternatively. On the other hand, the claim of the defendant/respondents is that the property being a natham properly, vested with the Government and defendants were alone in possession of the property. Further, according to the defendants, the alleged settlement by Thirumalai Ammal could not be true and neither Thirumalaiammal, nor Gopalakrishnan was in possession of the suit property and that the alleged sale in favour of the plaintiff was also invalid.

2. The trial court decreed the suit for declaration -on the basis of the abovesa

























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