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2009 Supreme(Mad) 3941

G.M.AKBAR ALI
The Executive Officer, Arulmighu Nachiyar Devasthanam, Srivillipurthur – Appellant
Versus
K. R. Subramanyarajah – Respondent


Advocates appeared:
For the Appellant:S. Parthasarathy, K. Govindarajan, Advocates.
For the Respondent:R. Subramanian, N.C. Ashok Kumar, Advocates.

Judgment :-

The defendant is the applicant in the suit. The second appeal is preferred against the decree and judgment made in A.S.No.28 of 1999, on the file of the learned Principal District Munsif Court, Srivilliputhur (sic), reversing the judgment and decree dated 06.04.1999 made in O.S.No.424 of 1997, on the file of the learned Principal District Judge, Virudhunagar, Srivillipudur. The respondent/plaintiff has filed the suit for specific performance, directing the defendant Devasthanam to execute the sale deed in favour of the plaintiff in respect of the suit property in Survey No.298/2 of an extent of 3 acres 64 cents and in Survey No.12/2 of an extent of 1 acre and 63 cents in Pudhupalayam Village, Rajapalayam Taluk, Virudhunagar, District.

2. The brief facts of the case is as follows;

The suit property belonged to Sri Nachiyar Devasthanam represented by the executing officer. Originally the suit property was under the cultivation of the plaintiff’s father as cultivating tenant. As per the direction of the HR&CE Department, the suit property was brought to sale in a public auction on 012. 1964. The plaintiff was the highest bidder and he offered a sum of Rs.1,401/- per acre. T









































































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