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2015 Supreme(Mad) 2164

R.MALA
Selvarathinathammal – Appellant
Versus
R. Rajeswari – Respondent


Advocates:
Advocate Appeared:
For the Appellant :T.R. Rajagopalan, Senior Counsel for P. Veena, Advocate
For the Respondent:S.V. Jayaraman, Senior Counsel, K.V. Sundar Rajan, Advocate

JUDGMENT :

1. The second appeal arises out of the judgment and decree dated 24.02.2000 in A.S.No.125 of 1997 on the file of IV Additional Court, City Civil Court, Chennai, confirming the judgment and decree dated 12.09.1996 made in O.S.No.31 of 1995 on the file of I Assistant Court, City Civil Court, Chennai.

2. The averments made in the plaint are as follows:-

(i) The plaintiff is the absolute owner of the vacant land measuring 4082 sq.ft. Comprised in T.S.No.55/1 part, Block No.13, V.O.C. Nagar, Anna Nagar and then she put up a thatched shed. She purchased the said property from S. Kuppusamy Naicker and S. Kanniappan by a sale deed dated 22.07.1981.

(ii) On 01.12.1994, some unknown people attempted to remove the bush and other shrubs in the suit property and on being questioned, they claimed that the suit property belongs to the defendant. The plaintiff immediately filed a complaint before the Anna Nagar police through her husband.

(iii) On summons by the police, the said persons informed that the defendant obtained a decree against some third parties and the plaintiff, who unaware of the proceedings, has nothing to do with the same, as she is not a party to that proceedings.

(iv) The




































































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