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1999 Supreme(Mad) 332

K.SAMPATH
Arunachala Naicker – Appellant
Versus
Janakirama Naicker – Respondent


Advocates Appeared:
For the Appellants:V. Raghavachari, Advocate.
For the Respondent:D. Rajendran, for R.N. Ramkumar, Advocates.

Judgment

1. The defendants in O.S.No.211 of 1982 on the file of the District Munsif, Polur, are the appellants in the second appeal. The respondent filed the suit for declaration and permanent injunction in respect of several items of properties. We are only concerned with S.No.210/1-A and S.No.210/3-A in Arunagirimangalam village, Kalasapakkam Sub District in North Arcot District.

2. The case of the respondent was that he purchased the several items in the suit from their owners Vinayagamurthy and Santhanam under Ex.A-1 dated 2.8.1980 and Ex.A-2 dated 16.9.1980. The purchase by him included 3/4th right in the well in S.No.210/1-A. He had originally owned 1/4th share in the well and after the purchase by him now he became entitled to the entirety of the well in S.No.210/1-A and notwithstanding the fact that the appellants knew about his purchase, they colluded with Vinayagamurthy, one of the vendors of the respondent, and created an antedated document and on the strength of that document, they attempted to interfere with the respondents possession and enjoyment and the suit was therefore necessitated for the reliefs already mentioned.

3. The appellants resisted the suit contending i
























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