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2016 Supreme(Mad) 2632

R.MALA
Marudhai – Appellant
Versus
Kathan – Respondent


Advocates Appeared:
For the Appellant : Mr. T.M. Hariharan.
For the Respondent: Mr. K.K. Ramakrishnan.

JUDGMENT :

R. MALA, J.

1. The defendants, who lost the case in both the Courts below have come forward with this second appeal against the judgment and decree of the Subordinate Judge, Kulithalai dated 23.01.2006 in A.S. No. 65 of 2005 confirming the judgment and degree of the District Munsif, Kulithalai dated 27.12.2004 in O.S. No. 219 of 2001.

2. The respondent, as plaintiff, filed a suit for bare injunction restraining the defendants from interfering his peaceful possession and enjoyment of the suit property situated in Thogaimalai Village in S. No. 174/4 to the extent of 0.46.0 hectares and in S. No. 179/11 to the extent of 0.58.0 hectares stating that the property is owned by Lakshmi and Andi Muthiriar under the sale deed dated 02.08.1980 and since they intended to go abroad, they orally sold the same to the grand father of the plaintiff viz., Ponnambalam for Rs.250/- and handed over the original sale deed and possession of the suit property and from that date onwards, said Ponnambalam was in possession and enjoyment of the suit property till his death in 1978. After his death, his only son Mariappan, succeeded the property and after his death, in 20.12.2000, the plaintiff succee




























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