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2011 Supreme(Mad) 4666

K.VENKATARAMAN
Vasantha – Appellant
Versus
Krishnan (dead) – Respondent


Advocates Appeared:
For the Petitioner - V. Kannan, Advocate.
For the Respondents - B. Vijay, Advocate.

Judgment :-

1. The plaintiff in O.S.No.270 of 2004, which was originally filed as O.S.No.32 of 1991 on the file of the Sub Court, Poonamallee, now transferred to the file of the Additional District Munsif, Alandur, is the petitioner herein. The legal representatives of one Krishnan, who was the original defendant in the said suit, are the respondents herein.

2. The petitioner has laid the said suit against one Krishnan for declaration of her title over the suit property and for permanent injunction restraining him from erecting any superstructure over the suit property. In the said suit, the petitioner has taken out an application in I.A.No.1915 of 2010 for amendment of the pleadings. The amendment that has been sought for by the petitioner was in respect of the boundary and the measurement. The original claim of the petitioner was in respect of 6 cents and the present claim is of an extent of 25,620 sq.ft.

3. The reason that has been set out in the affidavit in support of the application for amendment was that when the matter was posted for trial on 2.11.2010, her Advocate visited the suit property on 23.10.2010 and found that the extent of the property is more than what is state

























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