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2010 Supreme(Mad) 5477

ARUNA JAGADEESAN
T. Matheswari – Appellant
Versus
T. G. Tulasi – Respondent


Advocates Appeared:
For the Petitioners:T. Murugamanickam for M. Kamalanathan, Advocates.
For the Respondent:K.R.A. Muthukrishnan, Advocate.

Judgment :-

1. The Appellant herein/Plaintiff has filed the suit in OS.No.3350/ 1995 for a Judgement and Decree against the Respondent herein/defendant for removal of encroachment of 40 feet North to South 1 feet East to West on the Western side of the house of the Plaintiff and ending with North of her property and for costs. The Respondent herein/defendant has filed the above Cross Objection against the finding made in the Judgement and Decree dated 25.2.2000 passed in AS.No.102/1999 by the lower Appellate Court and filed the above CMP for reception of additional documents.

2. The case of the Plaintiff as set out in the plaint is as follows:-

The suit property originally belonged to one Pushpavathi Ammal, the mother of the Defendant. She sold the same to one Thulasi Bai under a registered sale deed dated 29.11.1984. The Plaintiff had purchased the suit property from Thulasi Bai under a registered sale deed dated 27.9.1973. Pushpavathi Ammal had conveyed 1710 sq.ft. to Thulasi Bai. The Plaintiff had obtained plan sanction for new constructions. The original owner Pushpavathi Ammal also owned the house bearing Door No.18 which is situated on the West of the house of the Plaintiff.



































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