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2014 Supreme(Mad) 786

G.CHOCKALINGAM
P. Mokkamayan – Appellant
Versus
Lakshmiammal – Respondent


Advocates Appeared:
T. Srinivasa Raghavan, for Appellant T.P. Subramanian, A. Mahendravarma, for Respondents

JUDGMENT

1. Challenge in this second appeal is to the judgment and decree, dated 14.03.2007 passed in A.S. No. 175 of 2002 by the Subordinate Judge, Madurai, reversing the judgment and decree passed in O.S. No. 1394 of 1992, dated 19.06.2002 on the file of the District Munsif Court, Madurai.

2. The appellant herein as plaintiff has instituted Original Suit No. 1394 of 1992 on the file of the trial Court seeking the relief of declaration and permanent injunction, wherein the present respondents have been shown as defendants.

3. It is averred in the plaint that the plaintiff purchased the suit property through a registered sale deed in the month of April 1992 from one P.T. Mani as he stands the Power Agent of P.P. Thavasi Konar. The suit property is a vacant site measuring 1773 sq. ft shown as ‘ABCD’ in the rough sketch and the plaintiff has got absolute right and possession of the schedule mentioned property. The defendant and her family members are living in their adjoining house on the eastern side shown as ‘EFGH’. On 05.10.1992, the defendants started to put up a portable tent in the vacant site and also put up four pillars encroaching vacant site. On coming to know the same, the pl























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