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2009 Supreme(Mad) 3327

SUDHANSU JYOTI MUKHOPADHAYA, N.KIRUBAKARAN
Sivaprakasam & Others – Appellant
Versus
The Tahsildar (Jr) Ariyalur & Others – Respondent


Advocates appeared:
For the Appellants :K. Alagirisamy, Senior Counsel for M. Mohan, Advocate.
For the Respondents:R1 to R3, D. Sreenivasan, R4, S. Parthasarathy, Senior Counsel for M/s. Sarvabhauman Associates, Advocates.

Judgment :

N. KIRUBAKARAN, J.

This Writ Appeal has been preferred against the order of the learned single Judge, made in W.P.No.3896 of 1992 dated 04.08.2000, dismissing the writ petition filed by the petitioners challenging the order of the third respondent confirmed by the order of the second and first respondents.

2. The brief facts of the case are as follows:

According to the appellants (hereinafter referred to as petitioners), they are the cultivating tenants under Dandeeswaran Temple and Varadharaja Perumal Temple and they have been cultivating the lands comprised in Survey Nos.250/4, 250/8, 250/17 and 252/2 to an extent of 10.65 cents situate in Sendurai Village, Ariyalur Taluk. When things stand so, the fourth respondent filed a petition in T.R.No.1 of 1986 on the file of the first respondent seeking for an order to initiate legal action against the petitioners herein to remove their rights over the aforesaid lands that they had been holding long ago. The said petition was preferred under Section 5(2) of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969 (Act 10 of 69).

3. The case of the fourth respondent before the first respondent was that the properties
































































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