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2013 Supreme(Mad) 536

S.VIMALA
Kondi – Appellant
Versus
Sellamuthu – Respondent


Advocates Appeared:
For the Appellants:C. Selvaraju, Advocate.
For the Respondents:V. Bhiman, Advocate.

JUDGMENT

1. The plaintiffs, Chellamuthu and Kaliammal, filed the suit in O.S.No.372 of 1984 seeking for declaration and permanent injunction in respect of two items of the suit property. The properties are situated in Salem District, Attur Taluk, Vepampoondi Village, with following survey numbers with corresponding extents:-

(i) R.S.No.130/1 – an extent of 56 cents;

(ii) R.S.No.130/3 – an extent of 20 cents.

1.1. After the death of Kaliammal, the legal representatives have been impleaded as plaintiffs 3 to 6. The plaintiffs claimed that the first item of the suit property is the ancestral property and the second item of the suit property is the self-acquired property of plaintiffs 2 and 3. Contending that the defendants attempted to trespass into the suit property on 25.08.1984, suit for declaration and injunction has been filed.

1.2. The suit was resisted by the defendants on the following contentions:-

(i) The plaintiffs 1 and 3 have executed an agreement to sell the suit property in respect of an extent of 26 cents in item No.1 and the entire extent in item No.2 for the sale consideration of Rs.1,500/-.

(ii) The first plaintiff received a sum of Rs.950/-and the third plaintiff re




















































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