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1970 Supreme(Mad) 203

M.M.ISMAIL
Bodi Reddy – Appellant
Versus
Appu Goundan – Respondent


Advocates:
K.S. Desikan and K. Raman, Advocate, for Appellant in S.A. No. 1113 of 1966.
A. Sundaram Iyer, Advocate, for Appellant in S.A. No. 1128 of 1966.
P. C. Parthasarthy Iyer, G. K. Gopalaswami, Advocate, for Respondents.

JUDGMENT:-

S.A. No. 1113 of 1966.- This appeal arises out of a suit filed by the appellant herein for declaration of his title to and possession of a small extent of property from the respondent herein and for injunctions, both permanent and mandatory. The appellant and the respondent are adjacent owners of the land, the appellant being the owner of the northern portion and the respondent being the owner of the southern portion. The case of the appellant was that in or about June, 1962, the respondent encroached upon a portion of his property by shifting his stone ridge towards the north. As soon as he came to know of the encroachment, he moved the Revenue Department and requested the officials to effect measurement of the boundary line and accordingly the boundary line was measured in November, 1962. The encroachment made by the respondent was made known to him. As the respondent did not remove the encroachment and surrender the encroached portion to the appellant, when requested to do so by him, the appellant instituted the suit. The respondent’s case was that the disputed property did not belong either to the appellant or to the respondent, but belonged to the Government and the

















































































































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