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2015 Supreme(Mad) 1475

S.NAGAMUTHU
N. Natarajan – Appellant
Versus
Executive Officer, Chitlapakkam Town Panchayat, Kancheepuram District – Respondent


Advocate Appeared:
For the Appellant:V. Raghavachari for M/s. Sampathkumar Associates, Advocates
For the Respondent: P.H. Arvindh Pandian, A.A.G., Asst. by T. Jayaramaraj, GA (CS)
For the Amicus Curiae: T.R. Rajagopalan.

JUDGMENT:-

1. The plaintiff in O.S.No.20 of 2002 on the file of the learned District Munsif, Tambaram is the appellant herein. The respondent is the defendant in the suit. The said suit was filed for permanent injunction to restrain the defendant from in any manner interfering with the peaceful possession and enjoyment of the plaintiff. By decree and judgment dated 29.07.2005, the learned District Munsif decreed the suit as prayed for. As against the same, the respondent preferred an appeal in A.S.No.32 of 2009 on the file of the learned Subordinate Judge, Tambaram. By decree and judgment dated 30.08.2011, the learned Subordinate Judge allowed the appeal, set aside the decree and judgment of the Trial Court and dismissed the suit. Challenging the same, the appellant is before this Court with this second appeal.

2. The case of the plaintiff in brief is as follows:

(i) The suit property is comprised in old survey No.189/1 and 190/2A (re-survey No.189/1J) at Chitlapakkam Village in Tambaram Taluk. The total extent of the suit property is 2433 sq.ft. and the same has been described as two pieces of land measuring 1433 sq.ft. and 1000 sq.ft. respectively.

(ii) According to the plaintiff, a





























































































































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