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2012 Supreme(Mad) 246

M.VENUGOPAL
Parvathi – Appellant
Versus
Sappani Gounder – Respondent


Advocates Appeared:
For the Appellants:K. Ramanraj, Advocate.
For the Respondent:R. Chakkaravarthy, for M/s. R. Subramanian, Advocates.

Judgment :-

1. The Appellants/Defendants 2 to 4 have preferred this Second Appeal as against the Judgment and Decree dated 28.01.1997 in A.S.No.186 of 1994 passed by the Learned Subordinate Judge, Namakkal, in confirming the Judgment and Decree dated 31.10.1994 in O.S.No.897 of 1990 passed by the Learned Principal District Munsif, Namakkal.

2. The Plaint Facts:

(i) In the Plaint, the Respondent/Plaintiff has averred that a Rough Plan is filed to explain the properties of respective parties. In the Rough Plain, the suit property is shown as P and that the Appellants/Defendants 1 to 4 properties are mentioned as D, D1 and that the Defendants house drainage water letting out portion is shown as X and the rain water which falls on the roof through the property points which shown as X1, X2. From X point, the drainage water to proceed on the northern side, a new ditch has been constructed is shown in red colour.

(ii) The suit property and on the eastern side presently the property belonging to one Kandasamy originally have been purchased from the Respondent/Plaintiffs grandfather Sappani Gounder on 04.05.1910 and at that time, thatched houses have been in existence. After Sappani Gounde












































































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