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2002 Supreme(Mad) 683

K.SAMPATH, P.SHANMUGAM
Sri Arthanareeswarar of Tiruchengode by its present Executive Officer – Appellant
Versus
T. M. Muthuswamy Padayachi – Respondent


Advocates Appeared:
For the Appellant: Mr. P. Gopalan For Appellant in A.S.55/86 and R-1 in Tr. A.S. 541/89, Mr. S. Desikan For Appellant in Senior Counsel for Tr. A.S. 541/89 Mr. N.R. Natarajan.
For the Respondent: Mr. T.R. Mani For R-1 in A.S. 55/86 Senior Counsel for and R-5 in Tr. A.S. 541/89, M/s. V. Srinivasan Mr. K. Srinivasan For R-4 in A.S. 55/86, Mr. T.R. Rajagopalan For R-5 in A.S. 55/86 Senior Counsel for and R-6 in Tr. A.S. 541/89, Mr. V. Govindarajan Mr. R. Krishnamoorthy For R-6 in A.S. 55/86 Senior Counsel for M/s. V. Srinivasan.

Judgment :-

P. SHANMUGAM, J.

1. Plaintiffs in both the suits are the appellants. For convenience, the parties are referred as per their rankings before the trial court.

2. The suit property, for which the declaration was sought for was a total extent of about four acres of land in Sankagiri Road, Tiruchengode Municipality Limit, Salem District (1.75 acres of wet land in R.S. No.81/3, Old S. No.348/1 and 2.34 acres of dry land in R.S. No.19/1, Old S. No.350). In the suit O.S. No.60 of 1973 filed by Sree Ardhanareeswarasamy, Tiruchengode by its Executive Officer, the prayer was to declare the title of the plaintiffs to the suit property and for a direction to the defendants to put the plaintiffs in possession of the same. In the suit O.S. No.462 of 1973 filed by four plaintiffs for themselves and on behalf of the community of Padayachis alias Vanniyakula Kshatriyas of Tiruchengode Town, the prayer was to declare that the community is entitled to be in management and possession of the suit lands and for a direction to the defendants to deliver possession of the same after removing the structures, if any. The trial court, by a common judgment, dismissed the suits and the present appeals a























































































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