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2002 Supreme(Mad) 491

K.RAVIRAJA PANDIAN
Krishnamurthy Gounder – Appellant
Versus
Government of Tamil Nadu – Respondent


Advocates Appeared
Mr. R.Veeramani, Advocate for Mr. V.Raghavachari, Advocate for Appellant. No appearance, for Respondents.

Judgment :

1. The appellant, who is unsuccessful before the two Courts below filed the above Second Appeal against the judgment and Decree dated 31.10.1990 made in A.S.No. 30 of 1990 on the file of the Additional Sub Court, Cuddalore confirming the Judgment and decree dated 22.12.1989 made in O.S.No.827 of 1987 on the file of the Additional District Munsif.

2. The case of the appellant as plaintiff is that the suit property is a village natham property at Kothawalcherry Village, Cuddalore Taluk. The property has been purchased by the brother of the appellant one Jothiprakash by means of registered sale deed dated 13.7.1980 from one Ramasamy Iyer. Subsequently, there was a partition dated 29.8.1983 between the plaintiff and his brother Jothiprakash and in that partition the suit property was allotted to the plaintiff . From the date of purchase, the plaintiff and his brother were in possession and enjoyment of the property in their own right. Even the vendors of the property under sale deed dated 13.7.1980 were in possession and enjoyment in their own right by putting up a house in the property. While that being so, the Tahsildar, Cuddalore issued a notice under the Land Encroachmen

















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