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1999 Supreme(Mad) 524

Y.BAKTHAVATSALU
Arasappan Karayalar – Appellant
Versus
Subramania Karayalar – Respondent


Advocates Appeared:
For the Appellants :S. Sundaragopal, Advocate.
For the Respondent:T.M. Hariharan, Advocate.

Judgment :-

1. The plaintiffs are the appellants. The Plaintiffs filed the suit for permanent injunction.

2. The case of the plaintiffs is as follows: — The suit property belonged to the mother of the plaintiff by virtue of sale deed dated 7.12.54 wherein the defendant has signed as a witness. The mother of the plaintiffs died in the year 1972 leaving behind her the plaintiffs and their sister as legal heirs. From the date of purchase till her death, the mother of the plaintiffs was in enjoyment of the properties. The first schedule property forms part of second schedule property. After the death of the mother, a partition took place on 20.11.74 and in the said partition, the southern portion of the second schedule was allotted to the first plaintiff and the northern portion of the second plaintiff. The first schedule property is an exclusive lane of the plaintiffs meant and used as a pathway lane of the plaintiffs and the same is described in the plan as ESDF. The second schedule lies west of the first schedule, and it is described as ABCD. In between the first schedule and vacant site of the defendant on the east, there is a common wall belonging to both plaintiff and defendant an












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