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2001 Supreme(Mad) 362

A.RAMAMURTHI
C. Venkatesan – Appellant
Versus
Munusami Gounder and another – Respondent


Advocates Appeared:
V.Raghavachari, for Appellant.

Judgment :

The plaintiff in O.S.No.564 of 1991 on the file of the District Munsif, Polur, has preferred the second appeal aggrieved against the judgment and decree of Sub Court, Tiruvannamalai in A.S.No.9 of 1996 dated 3.3.1997, reversing the judgment and decree of the trial Court dated 22.11.1995.

2. Thecase in brief is as follows:

The plaintiff filed a suit for permanent injunction that the water from the well in A Schedule property should not be taken B Schedule property by the defendants and their men. S.No.145 measuring 1.01 acre, S.No.117/1 measuring 20 cents. S.No.117/3 measuring 84 cents and other properties in Kalasamudiram village are ancestral properties of the plaintiff. These properties were divided by the plaintiff and his brother under a registered document dated 24.12.1988. There is a well in S.No.145 and 3 HP Motor Pumpset and 5/16 share in the well. Subsequently, the share allotted to the plaintiffs brother was, also purchased by the plaintiffs brother was, also purchased by the plaintiff under a registered document dated 1.3.1990 and as such the plaintiff had acquired 1/16 share in the suit well. One Duraisami Gounder also has got right in 1 acre 15 cents in S.No




















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