G.M.AKBAR ALI
Hansaraj Chandran – Appellant
Versus
Sivakasi Municipal Council – Respondent
Advocates:
For Applt.: Mr.M.S. Balasubramania Iyer
For respt. : Mr.N. Dilip Kumar
Judgment:-Plaintiff is the appellant. Suit was filed for a declaration and for consequential injunction. The suit property and its adjacent property on the east and south in a larger area in S.No.628/1,2 and 3 were minor Inam lands. The suit property is a part of S.No.628/2 corresponding to old Inam Adangal No.44. It originally belonged to plaintiff's paternal grandfather Madura Nayaga Nadar and his elder brother Chinnathambi Nadar. They partitioned the property by a registered partition deed dated 30.1.1905. In that partition the suit property was allotted to Madura Nayaga Nadar and he was in possession and enjoyment. After his death, the plaintiff's father, Parthan Chandran inherited the property and he was in possession and enjoyment. He mortgaged those properties by a mortgage deed dated 9.4.1933 and subsequently sold the property to the mortgagee. Subsequently, he re-purchased all the properties including the suit property under a registered sale deed dated 27.1.1943. He created usufructuary mortgage deed (othi) and obtained a lease in his favour. Later he redeemed the property and was in possession and enjoyment. The Minor Inam Abolition Act (Madras Act 30 of 1963) (hereinaft
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