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2012 Supreme(Mad) 1619

T.RAJA
Uthirani Ammal – Appellant
Versus
M. Sundararajan (Deceased) – Respondent


Advocates Appeared:
For the Appellants:Mr. S.K. Raghunathan, Advocate.
For the Respondents R2, Mr. T.D. Vasu, D. Selvarajan, Mr. T.D. Vasu, Advocates.

Judgment :-

1. The present Second Appeal has been brought by the defendants against the Judgment and Decree dated 19.08.2005 passed in A.S.No.2 of 2002 on the file of the Additional District and Sessions Judge (Fast Track Court II), Ranipet, Vellore District confirming the Judgment and Decree dated 04.08.1981 passed in O.S.No.167 of 1981 on the file of the District Munsif, Sholinghur.

2. A brief fact leading to filing of this second appeal is as follows:

(i) The suit lands admittedly belong to three plaintiffs. The first plaintiff is the widow. The second and third plaintiffs are the sons of Masilamani Mudaliar.

(ii) The plaintiffs are the owners of the suit properties detailed in schedule "A" to an extent of A.12.08C in Survey Nos.55/1 and 55/2, with a well in Survey No.55/1, Ocheri village, Arakkonam Taluk. The plaintiffs leased out the suit properties to one Kistappa Naicker, the defendant on 21.7.1967 on a yearly rent of Rs.2,000/- payable in two instalments by executing the lease deed (Muchilika) for two years and undertook to raise paddy crops alone only and not to raise any other crops in the suit land. As per the lease (Muchilika), the said suit properties were handed ove
































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