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2007 Supreme(Mad) 602

J.A.K.SAMPATHKUMAR
Subramaniam & Others – Appellant
Versus
Sri Devanathaswami Devasthanam, represented by its Executive Officer & Another – Respondent


For the Appellants :M.N. Padmanabhan, Senior Advocate for M/s.
M.N. Muthukumaran and S. Palanisamy, Advocates. For the Respondent:R. Sunilkumar for Yashod Varadhan, Advocates.

Judgment :-

This appeal is filed against the judgment and decree dated 28.02.1991 in O.S.No.3 of 1987 on the file of the Principal Subordinate Court, Cuddalore, in and by which the learned Sub Judge after analyzing the evidence in depth decreed the suit as prayed for.

2. For convenience, the parties are referred as arrayed in the suit.

.3. The plaintiff states as follows:

.The suit property, which was originally comprised in Survey No.32, was subsequently sub-divided into 32/1 and 32/2. Later, a portion of the land in the sub division has been acquired by the Government along with the other items in R.S.29 for a public purpose of locating a Government Basic Girls Training School. The property is situate on the road leading to Thiruvendhipuram, from Tiruppapuliyur in continuation of the Lawrence Road and Subbaraya Chetty Street and surrounded on all sides by houses and house sites. Though, originally it was classified as arable land and was really leased out as agricultural land for agricultural purposes, it has ceased to be used as such by the temple as the adjacent properties forming one block have been acquired by the Government as aforesaid for building purposes. The suit prope










































































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