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2015 Supreme(Mad) 638

R.MAHADEVAN
Estate of T. S. Murugaian (deceased) represented by his legal representatives – Appellant
Versus
T. K. S. Nagar Welfare Association represented by its President T. Padmanabhan – Respondent


Advocates Appeared:
For the Appellants:R. Thiagarajan, Advocate.
For the Respondents:R1, A.R.L. Sundaresan senior counsel for A.L. Gandhimathi, Advocate.

Judgment

Aggrieved against the concurrent findings of the courts below in decreeing the suit filed by the plaintiffs, the legal heirs of the deceased first defendant, the defendants 2, 3 and 7 have filed this second appeal.

2. The case of the plaintiffs before the Trial Court is as follows:-

(i) TKS Nagar at Tiruvottiyur consists of about 60 plots and the layout for the site is approved as early as in 1972 bearing TP/D/DTP 16/1972 under letter No.4040/2 S.S.M.2. The plot owners have formed an association, by name TKS Nagar Welfare Association, which is a society registered under the Tamil Nadu Societies Registration Act, to look after the affairs and grievances of the plot owners. In the layout, there is a 30 feet road (referred to as G20 in the layout plan), abutting the plots bearing the numbers 1 to 17 on the northern side, running East-West and joint with the 40 feet road abutting the Manali High Road and the plot owners of TKS Nagar have been using this 30 feet road from 1972 onwards, without any obstruction from anybody till recently.

(ii) On the southern side of the 30 feet road abutting the 40 feet road, there was a vacant site of about 99 cents in S.No.564/P. The first defenda










































































































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