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2008 Supreme(Mad) 1168

V.DHANAPALAN
Gopaliappa – Appellant
Versus
Madanagiriappa & Others – Respondent


Advocates Appeared:
For the Appellant :V. Raghavachari, Advocate.
For the Respondents:Mr. Sanjay Baba, V. Nicholas, Advocates.

Judgment :-

The plaintiff in the suit is the appellant herein. Aggrieved by the judgment and decree dated 22.02.1996 passed in A.S.No.17 of 1996 on the file of the Sub Court, Hosur in reversing the judgment and decree of the Court of the District Munsif, Hosur in O.S.No.189 of 1983 dated 111. 1992, the plaintiff has preferred this appeal.

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

i. The plaintiff is in possession and enjoyment of the suit property by way of a registered Sale Deed dated 22.04.1968 executed by the first defendant. Prior to the purchase of the suit schedule property by the plaintiff, it was in the possession of the first defendant by way of an oral partition among the defendants in the year 1965; Till the execution of the Sale Deed in favour of the plaintiff, the first defendant was in possession of the suit schedule property. The second defendant is in possession of the remaining two acres of land in the same Survey Number and defendants 3 and 4 also possess their share of land in the neighbouring Survey Numbers. In the Sale Deed executed by the first defendant, the second defendant signed as a witness.

ii. While the

























































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