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1999 Supreme(Mad) 344

A.RAMAN
Sellambana Gounder – Appellant
Versus
Sinnia Gounder – Respondent


Advocates Appeared:
For the Appellants:A.K. Kumaraswamy, Advocate.

Judgment

1. Defendants 1 to 4 are the appellants herein.

2. The plaintiff filed a suit for injunction and declaration. Briefly stated, the plaintiffs case is thus:

The plaintiff is the absolute owner of the suit property, having obtained the same in a partition that took place about 50 years age. The plaintiff and before him, his ancestors were in possession of the specific portions. There are ridges, showing the divisions. The plaintiff is entitled to 1/3rd right in the suit well. The plaintiff has been given separate patta in the re-survey proceedings. The plaintiffs has put up pipes and is taking water to S.F.No.195/B, measuring 1-84 cents. It cannot be questioned by the defendants. The plaintiff is in possession of the property for more than the statutory period and has prescribed title by adverse possession as well. On 26.12.1977 the plaintiff leased out the suit property to one Muruga Gounder, who redelivered the possession to the plaintiff. The defendants cannot question the plaintiffs possession of enjoyment. But on account of enmity, the defendants are denying the title of the plaintiff to the suit properties and also attempting to disturb the plaintiffs peaceful possessio











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