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2007 Supreme(Mad) 1336

P.JYOTHIMANI
V. Ranga Durai & Others – Appellant
Versus
S. Jayalakshmi & Another – Respondent


For the Appellants:M/s. S. Subbiah Manickavel, Advocates. For the Respondents:R1 & 2, M/s. V. Raghavachari for M/s. K. Moorthy M. Karunanidhi, Advocates.

Judgment :-

The plaintiffs in the Trial Court are the appellants in the Second Appeal. Originally the suit was filed for permanent injunction against the defendants from interfering with the enjoyment of the suit property by putting up septic tank or by laying underground pipe and thereafter included the relief of mandatory injunction to remove the construction stated to have been made by the defendants in the portion marked as A,B,C,D,E,F,G,D. The suit property itself is a lane measuring East West 45 cubits on the Eastern side and North to South 3 cubits and the property situated in Karamadai Village, Mettupalayam, Coimbatore District.

.2. The plaintiffs claim to be the owners of the suit property obtained by way of registered partition deed, dated 24.02.1954 marked as Ex.A.1. The first defendant has purchased the house situated immediately on the Southern side of the suit property and they have no right of way or access through the suit property, which is a passage exclusively for the plaintiffs. Taking advantage of the fact that the suit properties are the vacant land, the defendants have attempted to interfere and subsequently they have also put up the septic tank and laid down



















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