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2012 Supreme(Mad) 467

V.PERIYA KARUPPIAH
Sundaram – Appellant
Versus
Selvan Alias Selvam – Respondent


Advocates appeared:
For the Appellant:Mr. Sanjay Baba, Mr. V. Nicolas, Advocates.
For the Respondents:Mrs. Hemalatha, Advocates.

Judgment :-

1. This Appeal is directed against the judgment and decree passed by the First Appellate Court in A.S.No.30 of 2003 dated 20.10.2003 in reversing the judgment of the trial Court in decreeing the suit in favour of the plaintiff in O.S.No.476 of 1996 dated 10.03.2003.

2. The appellant was the plaintiff and the respondents were the defendants before the trial Court.

3. The brief facts of the plaintiff's case before the trial Court would be thus:

The plaintiff is in possession of the suit property by virtue of house site patta given to him on 20.12.1992 by the Tahsildar, Mettur. The defendants are husband and wife. The defendants demanded the plaintiff to sell the suit property to them but the plaintiff refused to sell the same. Due to which, there arose enmity between them. The defendants came to the suit property on 30.11.1998 and tried to dig foundation in the suit property but the same was prevented. Hence, the suit was filed for permanent injunction restraining the defendants and their men from in any way unlawfully digging the foundation in the suit property and for costs.

4. The contentions of the 2nd defendant raised in the written statement filed by him and adopte


















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