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2015 Supreme(Mad) 1983

C.S.KARNAN
Dass (Died) – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellants :A. Hajamohideen, Advocate.
For the Respondents: M. Govindan, Special Government Pleader.

Judgment :-

1. The plaintiff viz., Dass has filed an original suit in O.S.No.257 of 1994, on the file of Principal Sub Court, Nagercoil. As he expired during the the pendency of the Second Appeal, his legal-heirs have been impleaded as necessary parties.

2. The brief facts of the plaint are as follows:-

The plaint schedule mentioned property originally belonged to Travancore Maharaja, who had executed a registered deed bearing No.1663, dated 03.05.918 and handed over the possession to one Mathan Kani and 23 others without paying any tax. Accordingly, Mathan Kani and his associates have cultivated teakwood, lemon tree, mango trees, tamarind trees, jack fruit trees, neem trees etc., besides paddy, plantains and tapioca crops. The plaintiff had put up a fence around the land. Further he constructed a superstructure for the workers and pathways and roads were formed in the property. A tank was formed for rearing fish and a Sastha Temple was constructed for worship

3. The plaintiff further stated the schedule mentioned properties have been surrounded by 4 boundaries. After the death of Mathan Kani, his legal-heirs are enjoying the said property and pursuing the same agricultural operations












































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