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2010 Supreme(Mad) 4249

ARUNA JAGADEESAN
Krishnan (Deceased) – Appellant
Versus
Alaghudurai – Respondent


Advocates Appeared:
For the Petitioners:V. Lakshmi Narayanan, Advocate.
For the Respondent:C. Vediappan, R. Vasudevan, Advocates, Ms. Bhavani Subburayan SGP.

Judgment :

ARUNA JAGADEESAN, J.

The 1st respondent herein/plaintiff (family Manager) has filed the suit in O.S. No. 454 of 1992 before the District Munsif Court Ariyalur for declaration, declaring that the plaintiff‘s family is the absolute owner of the suit property and for permanent injunction, restraining the defendants from interfering with the plaintiff‘s peaceful possession and enjoyment of the suit property and for costs.

2. Thecase of the plaintiff as set out in the plaint is as follows:

a. Thesuit property and the other properties originally belonged to one Palanimuthu, the father of the plaintiff herein and one Nasappan and the said properties were orally divided by Palanimuthu and Nasappan. In the said oral partition, the suit property was allotted to the share of the father of the plaintiff. Since then, the said Palanimuthu was in exclusive possession and enjoyment of the same openly and continuously for more than the statutory period and thereby prescribed title. The patta book stands in the name of Palanimuthu. The said Palanimuthu died 10 years back. After his demise, the plaintiff is in possession and enjoyment of the suit property for himself and on behalf of his f








































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