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2017 Supreme(Mad) 2252

PUSHPA SATHYANARAYANA
Vijayakumar – Appellant
Versus
Felix – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.M.Saravanan
For the Respondents: Mr.R.Sundar

JUDGMENT :

The defendants in the suits are the appellants in the above appeals. The plaintiffs had filed the suit for bare injunction restraining the defendants from disturbing their peaceful possession.

2. The case of the plaintiffs is that the suit properties originally belonged to one Periyanayagam. He had executed a registered Will in favour of one Rukmani Ammal. On the death of Periyanayagam, Rukmani Ammal became the absolute owner by virtue of the Will. The total extent covered by the said Will was 9440 sq. ft. The said Rukmani Ammal had mortgaged the suit properties with one Anthonisamy. As she had failed to discharge the mortgage, a suit in O.S.No.1844 of 1981 was filed and the properties were brought in public auction in E.P.No.446 of 1985. The vendor of the plaintiffs viz., one Loganathan had purchased the same in Court auction on 09.03.1988. The sale was also confirmed on 22.06.1988. The delivery was effected on 05.08.1988 in E.A.No.812 of 1988. The defendants herein were the parties to the execution proceedings as third and fourth respondents. After the purchase through Court auction, Loganathan had got the patta changed in his name. After almost 14 years, the said Logana











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