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2016 Supreme(Mad) 572

C.S.KARNAN
K. Kandasamy Asari – Appellant
Versus
K. Parameswaran Thambi (Died) – Respondent


Advocates Appeared:
For the Appellant :R. Sundar, Advocate.
For the Respondents:R1 to R6, S.S. Sundar, Advocate.

JUDGMENT :

1. This second appeal is directed against the against the judgment and decree of the learned Sub-Judge, Kulithurai, dated 20.02.2015 made in A.S.No.60/1999 reserving the judgment and decree of the learned I Additional District Munsif, Kulithurai, in O.S.No.46/1986 dated 11.09.1999.

2. The defendant in O.S.No.46/1986 on the file of the I Additional District Munsif, Kulithurai, is the appellant herein. The respondents 1 to 5 are the children of the sixth respondent who is the wife of the plaintiff K.Parameswaran Thambi. The plaintiff filed a suit for declaration and recovery of possession in respect of the plaint schedule property having an extent of 10 cents, out of 2.55 acres in Old S.No.6511 along with building S.No.4/78 of Puloor Panchayat.

3. The case of the plaintiff in brief is as follows:

The plaint schedule property originally belongs to the plaintiff in the year 1954, he has constructed a building in the property which was assessed to Killyoor Panchayat and the Door number was 21/112 as per assessment number 2587 and the said Killyoor panchayat was bifurcated into Paloor Panchyat and Killyoor Panchayat. The plaint schedule property falls under Paloor Panchayat and a
















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