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2018 Supreme(Mad) 1127

M.DHANDAPANI
R. Kannaiyan (Deceased) – Appellant
Versus
P. Rajamanickam – Respondent


Advocates:
Advocate Appeared:
For the Appellants :A. Muthukumar, Advocate.
For the Respondents:S. Sounthar, Advocate.

JUDGMENT :

1. The plaintiff, who lost the case before the Lower Appellate Court has filed the Second Appeal before this Court. The plaintiff is the first appellant herein. The defendant is the respondent herein. Appellants 2 to 7 are the legal heirs of the first appellant. For the sake of convenience the parties will be hereinafter referred to as per their rank in the suit.

2. The sum and substance of the plaint averments are as follows.-

(a) The plaintiff is in possession and enjoyment of the suit schedule property for more than twenty years and patta stands in the name of the plaintiff. The Special Tahsildar also under the "Nila Udamai Membattu Thittam" Mayiladuthurai, in recognition of his possession, granted patta in the plaintiff's name on 23.09.1987. Though the suit land is classified as Punja and assessed, the plaintiff has constructed a thatched house and formerly resided there. Thereafter, he has shifted his residence westwards and is running a bucket shop in the suit shop building. He is also paying the house tax to the Panchayat Board. The plaintiff is thus in undisputed possession and enjoyment of the suit property, for more than 12 years as against the prescribed statutor
























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