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2007 Supreme(Mad) 123

A.C.ARUMUGAPERUMAL ADITYAN
S. Govindasamy – Appellant
Versus
Gajalakshmi – Respondent


Advocates:
For the Appellant:S.Y. Raghuraman, Advocate. For the Respondent:
S. Sadasharam, Advocate.

Judgment :-

This appeal has been preferred against the Judgment and decree in A.S.No.14 of 1995 on the file of the Court of Subordinate Judge, Poonamallee dated 12. 1995. The plaintiff in O.S.No.703 of 1985 on the file of the Court of District Munsif, Poonamallee is the appellant herein. The plaintiff has filed the suit for declaration and injunction in respect of the suit property.

2. The short facts of the averments in the plaint relevant for the purpose of deciding this appeal sans irrelevant particulars are as follows: The suit property belonged to the plaintiff absolutely and he is in possession and enjoyment of the same by constructing a hut in the suit property. The suit property was assigned in favour of the plaintiff by the Government under the proceedings of the District Collector in R.Dis.No.81289/80/N.2 dated 11. 1980. The plaintiff has filed assignment order along with the plaint. He is also paying house tax for the residential hut and also paying assessment tax to the suit site. The defendant is owning the adjacent plot No.5 to the east of the suit property, who is having no interest in the suit property is making attempt to grab at the suit property of the plaintiff b































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