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2008 Supreme(Mad) 876

G.RAJASURIA
Ponnambalam – Appellant
Versus
Pitchai – Respondent


Advocates Appeared:
For the Petitioner:T.M. Hariharan, Advocate. For the Respondent:K. Govindarajan, Advocate.

Judgment :-

This second appeal by the defendant is focussed as against the judgment and decree dated 22.11.1999 passed in A.S.No.77 of 1996 on the file of the Subordinate Court, Kulithalai in reversing the judgment and decree dated 16.11.1995 passed in O.S.No.133 of 1993 on the file of the District Munsif Court, Kulithalai.

2. The parties are referred to hereunder in the same order as they were arrayed before the trial Court.

3. Broadly but briefly, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:

The plaintiff is the owner of the suit property which comprised of a plot and a hut constructed therein. As per Ex.A5, dated 19.03.1955 the assignment deed given by the Government, the plaintiff became the owner of the said plot and he constructed the hut thereon. While so, the plaintiff permitted the defendant to be in occupation of the said suit property; subsequently, when the former demanded the latter to vacate and hand over possession of it, the defendant turned turtle, which necessitated the plaintiff to file the suit.

4. Impugning and challenging, denying and refuting the allegations/averments in the plaint, the defendant filed the written stateme





















































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