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2016 Supreme(Mad) 3676

T.RAVINDRAN
Pachiammal – Appellant
Versus
Madheswaran – Respondent


Advocates Appeared:
For the Appellants : Mr. R. Murali.
For the Respondents: Mr. P. Mathivanan.

JUDGMENT :

Challenge in this second appeal is made by the plaintiffs against the judgement and decree dated 27.08.2010 made in A.S.No.10/2010 on the file of the Subordinate Court, Rasipuram, reversing the judgment and decree dated 26.11.2009 made in O.S.No.56/2007 on the file of the District Munsif Court, Rasipuram.

2. The suit has been laid for permanent injunction.

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

The suit property is a Village Natham land and it was purchased by one Sengoda Achari on 27.09.1941. The first plaintiff is the wife and the second plaintiff is the daughter of S. Kandasamy and S. Kandasamy is the son of Sengoda Achari and as such, after the demise of Sengoda Achari and S. Kandasamy, the suit property was inherited by the plaintiffs and patta was also granted to the plaintiffs in respect of the suit property and the plaintiffs are in possession and enjoyment of the suit property by paying necessary taxes, electricity charges, etc. As depicted in the plaint plan, there is a 16' pathway running south to North, on the east of the suit property and the plaintiffs and their predecessor in interest have been enjoying the above said common pathway to reach the
















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