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2011 Supreme(Mad) 3725

R.S.RAMANATHAN
Jagannathan – Appellant
Versus
Ramachandran – Respondent


Advocates appeared:
For the Appellant:J. Ramakrishnan, Advocate.
For the Respondent:P. Valliappan, Advocate.

JUDGMENT :-

1. The unsuccessful defendant is the appellant herein. The respondent/plaintiff filed the suit for the relief of injunction.

2. The case of the respondent/plaintiff was that the suit property and other properties are the ancestral properties of the plaintiff, his father and brother and in an oral partition that took place 20 years ago, prior to the filing of the suit, the suit properties and two other properties were allotted to the share of the respondent/plaintiff and patta was also granted to him in patta No.609 and for the past 20 years, he is enjoying the property and the appellant/defendant on the basis of a document claimed title to the suit property as if, it belonged to the plaintiff's father and brother and the suit property was allotted to them under the oral partition and they sold the same to the appellant and on the basis of the said sale deed, the appellant/defendant also changed the patta in his name without notice to the respondent/plaintiff and attempted to interfere with the respondent/plaintiff's possession. Therefore, the suit was filed for the relief stated above.

3. The appellant/defendant contested the suit stating that in the oral partition that












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