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2012 Supreme(Mad) 728

V.PERIYA KARUPPIAH
A. Gurusamy – Appellant
Versus
Assistant Divisional Engineer, Highways, Bhavani Talukq – Respondent


Advocates Appeared:
For the Appellant:V. Bharathidasan, Advocate.
For the Respondents: M. Venugopal, AGP (C.S).

JUDGMENT

1. This appeal is directed against the judgment and decree passed by the First Appellate Court in A.S.No.30 of 2004 dated 29.07.2004 in allowing the appeal by setting aside the judgment and decree passed by the I Additional District Munsif, Bhavani in O.S.No.355 of 1999 dated 17.09.2003 in dismissing the suit.

2. The plaintiff is the appellant and the defendants are the respondents.

3. The case of the plaintiff before the trial Court would be thus:-

3(1) The property mentioned in the schedule hereunder and herein after called as the suit property is a Natham Poromboke. It has been called as 'Pavadi' Rathukana Theru from the time immemorial by the general public. The Bhavani town is well known for its textile goods like handloom, carpets, Bedsheets, Handloom sarees and towels for more than hundred years. Mostly the people of Sengundha Mudaliar weaving community are residing around the suit property. More than 1000 families are living on their wages earned by weaving the above said textile goods.

3(2) The weaving community and their predecessors around the suit property are using the same as 'Pavadi' for more than 100 years. They are using the suit property for storching





































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