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2015 Supreme(Mad) 967

T.RAJA
Veerappa Asari – Appellant
Versus
M. Subramani – Respondent


Advocates Appeared:
For the Appellant:S. Parthasarathy, Senior Counsel for J. Ramakrishnan, Advocate.
For the Respondent:R. Viduthalai, Senior Counsel for M/s Sai, Bharath & Ilan, Advocates.

Judgment :-

1. The unsuccessful defendant, aggrieved by the concurrent findings of the Courts below, has brought this second appeal. For convenience, the parties are referred to as per their litigative status in the suit.

2. The facts in brief leading to the filing of the second appeal are given as under:-

The plaintiff, who is the respondent herein, filed the suit for a declaration that he is the absolute owner of the suit 'B' schedule property covered in Survey No.1471/13, having an extent of 3.80 acres, situated at Madhavaram Firka Village, Saidapet Taluk and also for recovery of possession from the defendant, who is the appellant herein, after removing the superstructure put up on the 'B' schedule property, on the ground that the 'A' schedule property, which originally belonged to the plaintiff's joint family, was taken over and maintained by the plaintiff by paying necessary kist and other charges to the concerned authority; that the 'A' schedule property covered an extent of 3.80 acres, for which patta originally stood in the name of Chellappa Naicker, however, the said patta has been subsequently transferred in favour of Deivasigamani, Thiripurasundari and Subramani, the plain
















































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