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2008 Supreme(Mad) 929

V.DHANAPALAN
S. Raghunatha Gounder – Appellant
Versus
Pattappa Gounder – Respondent


Advocates Appeared:
For the Appellant:N.C. Ashok Kumar, T.V. Krishnamachari, Advocates.
For the Respondent:Pushpa Sathyanarayanan, Advocate.

JUDGMENT :-

1. The plaintiff in the suit is the appellant herein. Aggrieved by the judgment and decree, dated 25.01.1996 passed in A.s. No.92 of 1994 on the file of the subordinate Judge, Thiruvannamalai, partially modifying the judgment and decree dated 110. 1993 passed in O.s. No.1431/1981 by the District Munsif, Thiruvannamalai, the plaintiff has preferred this Appeal.

2. The case of the plaintiff, Raghunatha Gounder as put forth before the Trial Court is as follows :

(i) The land situated in Varagur Village in s.No.195/2, measuring 3.76 acres belongs to one subbaraya Naicker. He had three sons, namely, Appayee Naicker, Mottaiyan @ Chinnasami Naicker and Ayyakannu. After the death of subbaraya Naicker, the above said land measuring 3.76 acres was equally divided into three shares among the three sons and they were in possession and enjoyment of their respective share of 1.25 1/3 acres of land, each. Chinnasami Naicker and his brother Ayyakannu died leaving their sons as legal heirs, who were in possession and enjoyment of their respective portion of land.

(ii) The plaintiff, Raghunatha Gounder purchased an extent of 1.25 1/3 acres of land for Rs.3,200/- from the sons of the decea



































































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