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2015 Supreme(Mad) 2308

R.MALA
M. Ramamoorthy – Appellant
Versus
R. Thirunavukkarasu – Respondent


Advocates Appeared:
For Appellant : Mr. S. Raghu
For Respondent: Mr. D. Bharatha Chakravarthy

JUDGMENT

The second appeal arises out of the judgment and decree dated 24.02.2005 made in A.S.No.43 of 2004 on the file of the learned Principal Subordinate Judge, Virudhachalam, reversing the judgment and decree dated 27.02.2004 passed in O.S.No.254 of 1999 on the file of the learned Second Additional District Munsif, Virudhachalam.

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

The suit properties originally belong to one Uthandi. The plaintiff purchased the property from the said Uthandi in the year 1987 through oral sale and thereafter, the plaintiff was in possession and enjoyment of the suit property. The said Uthandi died in the year 1990 without executing the sale in favour of the plaintiff. However, the plaintiff was in open, continuous and uninterrupted possession of the suit property and further, the plaintiff was paying the kist. Thereafter, on 18.12.1998, one Gurusamy, the legal heir of the deceased Uthandi executed a sale deed in favour of the plaintiff. While so, the defendants who are the neighboring land owners and who have got dispute with the plaintiff in respect of the water course attempted to interfere with the possession of the suit property from 03.05.
























































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