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2008 Supreme(Mad) 3029

A.C.ARUMUGAPERUMAL ADITYAN
Ponnuswamy Nadar & Another – Appellant
Versus
Gunanellian Society Karumathur rep by its President Father John Bosco – Respondent


Advocates Appeared:
For the Appellants :R. Margabandhu, Advocate. For the Respondent:Hema Sampath, Senior Counsel, R. Subramanian, Advocate.

Judgment :-

This appeal has been directed against the Judgement in A.S.No.26 of 1995 on the file of the Court of Subordinate Judge, Cudalore dated 7. 1998 which had arisen out of a decree and Judgment in O.S.No.125 of 1993 on the file of the Court of Additional District Munsif, Cuddalore. The plaintiffs who have succeeded before the trial Court but lost their case before the first appellate Court are the appellants herein.

2. The short facts of the averments in the plaint relevant for the purpose of deciding this appeal sans irrelevant particulars are as follows: The plaint schedule property belonged to the father of the plaintiffs viz., Kaliappa Nadar. While, Kaliappa Nadar was alive, he had enjoyed the plaint schedule property for more than 35 years and died in the year 1989. Even after his death, the plaintiffs are in continuous possession and enjoyment of the plaint schedule property. No one else in possession and enjoyment of the plaint schedule property except the plaintiffs. While so, the defendant has purchased some property near the plaint schedule property from one Dhanabakkiam Ammal in order to grab at the property of the plaintiffs, the defendant has included the plaint


















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