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1998 Supreme(Mad) 797

K.SAMPATH
S. Subramaniyan & Co. , rep. by its Partner S. Subramaniam – Appellant
Versus
The State of Tamilnadu rep. by the Secretary to the Government of Tamilnadu – Respondent


Advocates Appeared:
For the Appearing Parties:S. Gopalrathnam, Senior Counsel for R.L. Ramani, B. Mani, Government Advocate.

Judgment :-

The plaintiff in O.S. No. 541/81 before the District Munsif, Poonamallee is the appellant in the Second Appeal. It filed the said suit for declaration of title and injunction in respect of the suit property of total extent of 2 acres 53 cents in S. Nos. 167 and 168 in Koyambedu Village, Saidapet taluk on the following averments. The appellant purchased the property from one Chellammal under a registered sale deed dated 25.3.1964. The said land along with the adjacent land belonging to the same owner had been used as a brick field for over 30 years prior to the date of purchase by the appellant. The top soil to a depth ranging from 6 feet to 10 feet had been removed for making bricks and in that process, the old field ridges S. No. 167 from 168 as also the ridges of the internal sub-divisions had become obliterated. The appellant had measured the: property and arranged for a plan to be annexed to the sale deed for correct identification. The appellant had constructed some buildings on the land for industrial use and the vacant space had been used as a stockyard for the materials required for the business of the appellant. The whole area was enclosed by a barbed wire fence





























































































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