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2002 Supreme(Mad) 32

A.S.VENKATACHALA MOORTHY
Angammal – Appellant
Versus
Komara Gounder – Respondent


Advocates Appeared:
Mr.R.Loganathan, Advocate for Petitioners. No appearance for Respondents.

Judgment :

1. The second appeal is preferred against the judgment and decree of the learned Subordinate Judge, Namakkal in A.S.No.10 of 1988 confirming the judgment and decree of the learned District Munsif, Namakkal in O.S.No.503 of 1985.

2. The plaintiff is the appellant herein. The case of the plaintiff as set out in the plaint can be stated as follows:

The suit property is an agricultural land in Survey No.299/8 in Lathuvadi village, Namakkal Taluk, Salem District with an area of 3.58 acres. The case of the plaintiff is that one Vaiyapuri Gounder, who is the husband of the first plaintiff and father of plaintiffs 2 and 3 purchased under two sale deeds viz., dated 7.11.1966 and 3.3.1969 and since then he was in possession and enjoyment of the same without any interruption till his death. After the demise of Vaiyapuri Gounder, the plaintiffs have been enjoying the said property. The defendants who have no manner of title or interest in the above said property, at the instigation of some people who are ill-disposed of towards plaintiffs, claimed ownership to the suit property and that in fact from 16.6.1985 onwards they have been interfering with the peaceful possession and enjoym














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