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2012 Supreme(Mad) 3002

T.RAJA
Caroline – Appellant
Versus
A. S. Lilly Cahtharine – Respondent


Advocates appeared:
For the Appellants:S. Balasubramanian, Advocate.
For the Respondents:Ashok Menon, Advocate.

Judgment :-

1. The present Second Appeal has been directed against the concurrent finding of both the Courts below.

2. The brief facts, which led to the filing of this second appeal are as follows:

(i) The unsuccessful plaintiffs filed a suit in O.S.No.10054 of 1996 for declaration of possessory title, recovery of possession and damages against the defendant/first respondent on the ground that the defendant was allowed to be a tenant and subsequently, vacated from the suit property in the year 1973.

(ii) The first plaintiff is the widow and the plaintiffs 2 to 8 are the sons and daughters of Arokianathan who died in the year 1976. After death of the said Arokianathan, the defendant/first respondent, attempted to interfere with the suit property in the year 1979.

(iii) The plaintiffs submitted that their family is living at No.19(Old No.1-A)Panakkara Theruveethiyan I Street, Makki's Garden, Madras -6 by constructing the superstructure for more than 60 years. The entire land belongs to the Arcot Nawab.

(iv) When Arokianathan was alive, he let out some portions to tenants, in which, a portion to an extent of 20' x 15' was let out to his brother Iruthianathan, the father of the defen

















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