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2016 Supreme(Mad) 3818

N.SATHISH KUMAR
A. V. K. Raja – Appellant
Versus
N. S. Arumugam – Respondent


Advocates Appeared:
For the Plaintiff : Mr. V.G. Sureshkumar
For the Defendants : Ex-parte

JUDGMENT :

This suit has been filed claiming damages of Rs.15,00,000/- and also permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the property more fully mentioned in the schedule of the suit.

2. The brief facts of the case of the plaint are as follows:

The suit property was originally purchased by the plaintiff, his mother and brother in the year 1995. Subsequently, the plaintiff's mother and his brother settled their 2/3rd undivided share in the property in favour of the plaintiff on 27.08.2012. Therefore, the plaintiff is the absolute owner of the property and ever since, he has been possession and enjoyment of the said property. The defendants claim to have entered into an agreement of sale for the purchase of a portion of the suit property from one R.Velayudham and others in the year 1990. In this regard, the suit in C.S.No.613 of 1996 has been filed for specific performance and the said suit was dismissed for non-prosecution long back. It is the further case of the plaintiff that 4 cents of adjacent land to the plaintiff's property was purchased by the plaintiff's brother in the year 1995 by way of a regist









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