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1984 Supreme(Mad) 499

SETHURAMAN
Chinniah Ambalagarar – Appellant
Versus
Govindan Ambalagarar – Respondent


Advocates Appeared:
K. Yamunan for Applts.
Manicka K. Ramalingam for Respts.

Judgment :-

1. Defendants 1 and 2 in O.S. 128 of 1975, on the file of the District Munsif Court, Aranthangi are the appellants herein. The first respondent in the appeal is the plaintiff, while the third defendant in the suit is the second respondent.

2. The first respondent brought O.S. 128 of 1975 for declaration of his title to the suit property and for recovery of possession. The suit property measures 63 cents comprised in S. No. 14/3 in Kodivayal village Aranthangi taluk, Pudukottai Dt. The first respondent traced his title through Chidambaram Chettiar, Janaki and Rajamani Achi, who according to him obtained the suit property in an oral partition between Vaithilingam Chettiars family and 3rd defendant. He claims to have purchased the suit property under Ex. A1 dated 25th June, 1970. Besides the oral partition referred to, according to the plaintiff, there were two earlier partitions borne out by Ex. A8 dated 17th June, 1983 and A.9 dated 31st March, 1957. Both these documents are unregistered ones.

3. Appellants 1 and 2 are father and son. Their defences were two fold. The appellants had perfected title by adverse possession in respect of the suit property. The title in

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