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2013 Supreme(Mad) 4196

PUSHPA SATHYANARAYANA
Periyasamy Nadar – Appellant
Versus
Karupana Nadar (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellant:N. Manokaran, Advocate.
For the Respondents:R1 Died, R2 & R3, A.K. Kumarasamy, Advocate, R4 to R7, No Appearance.

JUDGMENT

1. Aggrieved by the concurrent finding of the Courts below, the unsuccessful plaintiffs have come up before this Court as appellants.

2. The case of the plaintiffs is that the lands in Survey Nos. 359 to an extent of 12.20 acres, 360 to an extent of 8.25 acres, 374, an extent of 11.72 acres and 376 an extent of 24.57 acres, totalling an extent of 57.60 belong to S.M.RamasamyGounder, S.M.Palanisamy Gounder, T.S.Hanumantha Rao and one Karuppa Nadar jointly under Ex.A.1 sale deed dated 26.8.1937. The said Hanumantha Rao sold the properties in favour of Karuppa Moopan, Vanji Moopan and Ammasai. Karuppa Moopan had a son by name, Rama Nadar, whose sons are the plaintiffs 1 and 2. The third plaintiff is the son of Vanji Moopan. After the death of Karuppa Moopan and Vanji Moopan, the plaintiffs have been in possession of the suit property without any interruption. Out of the total extent of 57.60 acres as stated above, the plaintiffs were in possession 4.20 acres as per Ex.A.1. However, by efflux of time, as on date, the plaintiffs claim only 1.60 acres available in Survey No. 374. While so, it is the case of the plaintiffs that the defendants tried to trespass into the property and












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