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2014 Supreme(Mad) 293

PUSHPA SATHYANARAYANA
Ratna Kounder – Appellant
Versus
Annamalai – Respondent


Advocates:
Advocate Appeared
For the Appellant:P. Valliappan, Advocate.
For the Respondents:R1 & R2, V. Sanjeevi, Advocate, R3 & R4, Given up.

JUDGMENT

1. The First Defendant is the Appellant in a Suit for bare injunction.

2. The case of the Plaintiffs is that the Suit properties are the ancestral properties of Plaintiffs to an extent of 5 Acres in S.No.92/4 in Valayampattu village. The properties originally belonged to one Raman and after his death, they devolved upon his son Kuppan, who is the father of the First Plaintiff, and his wife, viz., mother of the First Plaintiff. As the Plaintiffs are Adi Dravidas, conditional Patta was issued under UDR Scheme. The Plaintiffs’ family has been enjoying the properties continuously for more than 40 years by paying Kist. As the Defendants attempted to restrain the Plaintiffs from cultivating the lands, the Suit was filed for Permanent Injunction.

3. The Suit was resisted by the Defendants on various grounds. The Defendants admitted that the properties originally were owned by the First Plaintiff’s grandfather Raman and after his death, by his son Kuppan. The said Kuppan, on 15.5.1972, sold half of the Suit properties, i.e. 2.5 Acres in favour of the First Defendant under Ex.B1 and sold the remaining half on the same day to the Third Defendant’s mother Palaniammal. After the death



























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