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2009 Supreme(Mad) 5288

P.P.S.JANARTHANA RAJA
Sekar & Another – Appellant
Versus
A. N. Sengodagounde – Respondent


Advocates appeared:
For the Petitioners:S. Mukunth, Advocate.
For the Respondent:P. Valliappan, Advocate.

Judgment

.2. The petitioners are the defendants and the respondent is the plaintiff in the suit. The respondent/plaintiff and his brothers jointly purchased large extent of properties. On 27.04.1960, by virtue of a registered partition deed they partitioned the entire properties owned by them jointly. At the time of enjoying entire properties, they formed number of cart tracks for better and convenient enjoyment of their entire properties. The suit property is one such cart track and the width of all the cart tracks detailed in the partition deed is 30 links. The respondent/plaintiff all along enjoying the cart track detailed in the plaint. The petitioners/defendants 1 and 2 are the grand sons of one of the brother viz.,Muniappa Gounder, of the plaintiff and the third defendant is the daughter in law of the Muniappa Gounder. The petitioners/defendants are also entitled to use the cart tracks. There was misunderstanding between the respondent/plaintiff and the petitioners/defendants. It was alleged that the petitioners/defendants with ulterior motive in order to give inconvenience and cause injury to the respondent/plaintiff, attempted to put up stone revetment encroaching a part o




































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