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2001 Supreme(Mad) 709

P.SATHASIVAM
SIRAJUDEEN – Appellant
Versus
SETHU CHETTIAR – Respondent


Advocates Appeared:
For the Appearing Parties:A. Sivaji, T.M. Hariharan, Advocates.

Judgment :

P. SATHASIVAM, J.

( 1 ) FIRST defendant in o. S. No. 70 of 1985 on the file of Subordinate Judge, Sivaganga, aggrieved by the decree dated 8. 12 88, has preferred the above appeal. The plaintiffs / respondents 1 to 6 filed the said suit for declaration that the suit property belongs to them and the second defendant, permanent injunction restraining the first defendant and his men from in any way interfering with possession of plaintiffs and second defendant. On appreciation of evidence, the learned Subordinate judge has decreed the suit as prayed for, hence the first defendant alone has filed the present appeal.

( 2 ) THE case of the plaintiffs is briefly stated hereunder:-The suit property belongs to the plaintiffs by ancestral right. It was purchased by great grand father of the first plaintiff, one Palani chettiar under deed dated 22. 9. 1887 for a sum of Rs. 67. After taking delivery, the said palani Chettiar was in possession and enjoyment of the property. On the death of the said palani Chettiar, his sons and grand sons have been in uninterrupted possession and his descendant Palaniyandy Chettiar was the owner and after him his four sons, viz. , plaintiffs 1, 3 and
















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