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2007 Supreme(Mad) 838

P.JYOTHIMANI
Ellammal & Others – Appellant
Versus
State of Tamil Nadu Rep. by its Collector of North Arcot District, Sathuvachari, Vellore & Others – Respondent


For the Appellants :Ilanthiriyan for M/s. Sai, Barath, Advocates. For the Respondents: Revathy, GA.

Judgment :-


The plaintiffs are appellants. The suit filed by the plaintiffs against the second defendant, Tahsildar, restraining him from proceeding further with the notice issued, under Section 6 of the Tamil Nadu Land Encroachments Act, 1905, marked as Ex.A.14, corresponding to Ex.B.7. The said suit was decreed by the trial court. However, the first appellate court has reversed the same by dismissing the suit, as against which, the plaintiffs have filed the present suit.

.2. The suit was filed by the plaintiffs, on the basis of purchase from various documents, namely, registered sale deed, executed on 05.01.1971, marked as Ex.A.4, in respect of 54 cents in S.No.234/3 and 12 cents in S.No.234/15. In the sale deed, dated 212. 1972, marked as Ex.A.5, in respect of 34 cents in S.No.234/3, apart from another sale deed, executed on 12.09.1975, marked as Ex.A.1, in respect of S.No.234/3, relating to 0.7 cents of lands. The case of the plaintiffs is that the said property, which included a larger extent of 12.8 acres, in Nandhiyalam Village, Walajah Taluk, N.A.A.Dt, comprised in S.No.234/3, which was categorised as Gramanatham, originally belonged to Manicka Mudaliar and Govindasamy Mud














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