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2008 Supreme(Mad) 4385

A.SELVAM
Thiruvaduthurai Adheenam Gurumaha Sannithanam Seervalarseer Sivaprakasa Pandara Sannadhi – Appellant
Versus
K. Manickam – Respondent


Advocates appeared:
For the Appellant :V.K. Vijayaraghavan, Senior Counsel for C. Rajakumar, Advocate. For the Respondents:R1 to 3, S. Kanniah, R.S. Ramanathan, Advocates, R4, Su. Paramasivam, Addl. Govt. Pleader (CS).

JUDGMENT

Common Judgment:

These second appeals have been filed against the common judgment passed in Appeal Suit Nos.281 of 1994 and 282 of 1994 by the District Court, Tuticorin, wherein the judgments and decrees passed in Original Suit Nos.181 of 1992 and 274 of 1992 by the District Munsif Court, Srivaikundam, are set aside.

2. The respondents 1 to 3 in Second Appeal No.113 of 1997 as plaintiffs have filed Original Suit No.181 of 1992 on the file of the trial Court, for the reliefs of declaration and perpetual injunction, wherein the present appellant has been shown as first defendant.

3. It is averred in the plaint that the suit property is situate in Survey No.241/1, measuring two acres and the same belongs to the Government. The plaintiffs and others have encroached the same prior to twenty five years and constructed houses. At the time of construction, the first defendant has not raised any objection. The plaintiffs and others have constructed their houses thinking that the suit property belongs to the Government. During September 1989, the first defendant and his henchmen have stated that in the year 1968, a suit has been instituted against the plaintiffs and the same has be





























































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