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2008 Supreme(Mad) 922

V.DHANAPALAN
Thambaiya Naidu – Appellant
Versus
The State of Tamil Nadu, rep. by Collector of South Arcot, having office at Cuddalore – 1 & Others – Respondent


Advocates Appeared:
For the Appellant:R. Muralidharan, Advocate.
For the Respondents:R1, R2, R. Revathi, Government Advocate.

JUDGMENT :-

Aggrieved by the judgment and decree dated 31.08.1994 made in A.S.No.170 of 1993 on the file of the Additional Subordinate Judge, Cuddalore, confirming the judgment and decree dated 12.01.1993 made in O.S.No.475 of 1991 passed by the Principal District Munsif of Cuddalore, the plaintiff has come up before this Court with the present appeal.

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

The suit property described in the plaint is situated in Nethaji Road, Manjakuppam, Cuddalore-1 and it is classified as Poramboke land, which is marked as ABCD in the plan appended to the plaint. The suit property is on the southern side of T.S.No.1687/3, which belongs to the plaintiff. The plaintiff is running a provision shop therein. The suit property belongs to defendants 2 and 3. It was used as a lane to go into Anna Market. While so, for the last two years, the fourth defendant has encroached upon the suit property, put up a temporary hut and has completely closed the lane preventing ingress and egress of the people into Anna Market. The plaintiff has protested the attitude of the fourth defendant as the encroachment has become a nu

















































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