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1973 Supreme(Mad) 591

RAMAPRASADA RAO, NATARAJAN
The State of Madras, represented by the Collector of Ramanathapuram at Madurai – Appellant
Versus
Kasthuri Ammal – Respondent


Advocates Appeared:
For the Petitioner: Addl. Government Pleader.
For the Respondent:A. Sundaram Ayyar & P. Balasubramaniam,K. Alagiriswami, Advocates.

Judgment :-

NATARAJAN, J:—

1. The second and the third defendants in O.S. No, 9 of 1965 on the file of the court of the Subordinate Judge, Sivaganga, are the respective appellants in these two appeals and the memorandum of cross objections has been preferred by the plaintiff therein.

2. The suit property, which the plaintiff conceded before the trial court to be 14534 sq. ft. in extent and not 16800 sq. ft. as set out in the plaint, was purchased by the plaintiff under two sale deeds, Ex. A-9 and A-10. On the plaintiff being approached during September-October 1959 by the President and the Executive Officer of the Sivaganga Panchayat, the first defendant in the suit, for parting with the site to enable the Panchayat to erect its water works thereon and on being promised of proper compensation therefor as fixed by the Government, the plaintiff delivered possession of the suit site in May-June 1960 to the first defendant and the first defendant constructed its water works on the site by December 1961. When the plaintiff demanded the compensation amount, promised to him, the first defendant sent a reply stating that the Tahsildar had declared the suit site to be a Government poramboke a




























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