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2017 Supreme(Mad) 2525

N.SATHISH KUMAR
Ramakrishnan – Appellant
Versus
Gurusamy (Died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Parthasarathy
For the Respondents: J. Parekh Kumar

JUDGMENT :

Aggrieved over the concurrent finding of the lower Courts in dismissing the suit filed for declaration and injunction in respect of the suit property, the above second appeal is filed.

2. The parties are referred as per their ranking before the Trial Court. The brief case of the plaintiff is as follows:-

Originally the first plaintiff has filed the suit in O.S.No.41 of 1993 before the learned District Munsif, Aruppukottai and after his demise, his legal representatives were brought on record as Plaintiff Nos. 2 to 7. The suit property along with residential house originally belong to Nagalinga Chettiar. From whom, the first plaintiff's father Ariyanathan Pandaram, purchased the vacant site and thereafter, put up the house therein and they also used the suit property as cow shed. The plaintiffs were in enjoyment of the property for more than 70 years. After the death of the first plaintiff, the plaintiffs Nos. 2 to 7 succeeded the suit property and the defendants, who have no right whatsoever in the suit property, tried to encroach upon the suit property from 03.07.1990 claiming right over the suit property. Hence, the suit for declaration and the consequential injunction.

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