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2015 Supreme(Mad) 2259

P.R.SHIVAKUMAR
V. Meenakshysundaram through his power agent R. Jeyaraman – Appellant
Versus
P. Shanmugam – Respondent


Advocates:
Advocate Appeared:
For Appellant: Mr. N. Balakrishnan.
For Respondents: Mr. S. Muthukrishnan.

JUDGMENT

P.R. SHIVAKUMAR, J.

1. The plaintiff in O.S. No. 360 of 2003 on the file of the Sub Court, Pudukottai is the appellant in the present Second Appeal. He filed the above suit for declaration of his title in respect of the suit property, for recovery of possession, for mesne profits from the date of filing of the suit till delivery of possession and for costs.

2. The said reliefs were sought for on the basis of the plaint averments that are, in brief, as follows:-

A house site measuring 2600 sq.ft bearing Plot No. 253 in T.S. No. 273 of Pudukottai Town, bounded on the: south by Plot Nos. 251 and 255, north by road, east by Plot No. 252 and west by Plot No. 254 described as suit property in the plaint schedule had been assigned to the appellant/plaintiff by the Revenue Divisional Officer, Pudukottai on 15.01.1976 on condition that he should pay the land value of Rs.614.80 and annual ground rent of Rs. 12.50 or such other sum that might be fixed by the Government. The appellant/plaintiff remitted the land value on 02.11.1978. Pursuant to the assignment order, the plaintiff took possession of the suit property and had been enjoying the same as its absolute owner. While the plaint

























































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