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2017 Supreme(Mad) 2068

PUSHPA SATHYANARAYANA
S. Chinnapillai (died) – Appellant
Versus
N. Meena W/o. Nithiyanandham – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. G. Karnan
For the Respondent: Mr. Suriyanarayanan

JUDGMENT :

The defendant, who had lost in both the Courts below, has filed this appeal challenging the judgment and decree passed in favour of the plaintiff for permanent injunction.

2. The case of the plaintiff is that she is the absolute owner of the suit property having purchased the same from one Sirguru Emam Alisha Kathari. The extent of the suit property is 17 cents. The vendor of the plaintiff, out of 22 cents, has sold 17 cents to the plaintiff. She is in possession of the same from the date of purchase i.e., on 17.08.1981. On 10.03.1983 one Samiayya has purchased an extent of 5 cents in the same Survey No.104/1B from the daughter of the vendor of the plaintiff. The property purchased by the said Samiayya is shown as ‘B’ schedule property in the plaint plan and the property purchased by the plaintiff is shown as ‘A’ schedule property in the plaint plan. The revenue records also stand in the name of the plaintiff.

3. The defendants, who are the legal heirs of the said Samiayya, had denied the title of the plaintiff contending that the vendor of the plaintiff had already settled the suit property in favour of certain third parties on 13.07.1964. Therefore, the sale deed in favou









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