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2017 Supreme(Mad) 2395

S.VAIDYANATHAN
S. Arulselvan – Appellant
Versus
District Collector, Kanchipuram – Respondent


Advocates Appeared:
For the Appellant : Mr. T. Sathiyamoorthy
For the Respondent:Mr. T. Jayarama Raj, Govt. Advocate (CS)

JUDGMENT :

The plaintiff who lost before the trial Court as also before the first appellate Court, is before this Court now by way of the present Second Appeal, challenging the judgment and decree dated 26.04.2013 in A.S.No.11 of 2009 on the file of the Sub Court, Kanchipuram.

2. According to the appellant/plaintiff, in the year 1960, himself, his father and his brothers had partitioned their ancestral property by way of partition deed dated 30.03.1960, registered as Doc.No.837/1960 on the file of S.R.P., Poonamallee. Out of the 12 shops comprised in the building, one shop bearing new Door No.226 was allotted to the plaintiff, one shop bearing new Door No.227 was allotted to the plaintiff's grand mother Late Krishnaveni, who in turn bequeathed the said shop to the plaintiff by way of a registered Will, dated 29.08.1979. Thus, according to the appellant/plaintiff, he is in possession of the two shops bearing Door Nos.226 and 227. The said shops have electricity connections and have been duly assessed by Kunrathur Town Panchayat and the plaintiff has been paying the electricity charges and property tax, regularly.

3. It is the further case of the appellant/plaintiff that on 08.11.1997,



























































































































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