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2017 Supreme(Mad) 3720

V.M.VELUMANI
M. Anthony (Died) – Appellant
Versus
S. R. Muthusamy – Respondent


Advocates Appeared:
For the Appellant :Mr. K.R. Laxman, Advocate
For the Respondent:Mr. K.K. Senthilvelan, Advocate

JUDGMENT :

V.M. Velumani, J.

The Second Appeal has arisen out of the judgment and decree dated 27.09.2004 in A.S. No. 316 of 2004 on the file of the learned Additional Subordinate Judge, Dindigul, reversing the judgment and decree dated 15.06.1999 in O.S. No. 155 of 1996 on the file of the II Additional District Munsif Court, Dindigul.

2. (i) The appellants, who are the plaintiffs, succeed in the trial Court and lost in the first Appellate Court. The respondents are the defendants and appellants in the first Appellate Court. The appellants filed O.S.No.155 of 1996 on the file of the II Additional District Munsif Court, Dindigul for declaration that A schedule property belongs to them, for possession of B schedule property and for permanent injunction in respect of C schedule property. According to the appellants, A schedule property originally belonged to Pithalaipatti Savari Muthu @ Sinthamani Savari Muthu Servai, S/o Pithalaipatti Arokiam, the same being his self acquired property. In the revenue records, the name of said Savari Muthi Servai is mentioned as P.Savarimuthu @ A.S.Savarimuthu. He died on 05.12.1940 leaving behind his two sons viz., Soosai Servai and Madalai Muthu Servai












































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