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1981 Supreme(Mad) 1

V.RAMASWAMI
Gopal Gounder – Appellant
Versus
Kothandarama Gounder – Respondent


Advocates Appeared:
B. Lakshminarayana Reddy and G. Kathirvelu, for Appellants
R.S. Venkatachari, for Respondent.

JUDGMENT:

The defendants are the appellants. The suit was filed by the respondent-plaintiff for a declaration of his title to an extent of 15 cents out of 42 cents in Survey Number 34/17 and for recovery of possession. The plaintiff's case was that the property was purchased by his father and that after his father's death, he became entitled to the same. He further contended that the defendants asked for permission to put up some thatched houses in the site agreeing to vacate and deliver possession as and when demanded by the plaintiff and on that understanding the site was given to the defendants and they have put up thatched houses. The plaintiff demanded the defendants to vacate and deliver possession of the site and finding that the defendants are not complying with the request, he has filed the present suit.

2. The defendants did not dispute the original title vested in the father of the plaintiff, or after his death, on the plaintiff. But they pleaded adverse possession. The defendants also pleaded that they are entitled to the benefits of the Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971, hereinafter referred to as the Kudiyiruppu Act and that this su









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