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2017 Supreme(Mad) 3894

S.BASKARAN
Palanivel – Appellant
Versus
Idol of Arulmigu Mariamman Represented by its Trustee V. Rajenderan – Respondent


Advocates Appeared:
For the Appellants : Mr. M. Ashok Kumar.
For the Respondent: Mr. P. Thiagarajan.

JUDGMENT :

The defendants who last before the Courts below is the appellant herein.

2. The plaintiff has filed the suit seeking for declaration of title in his favour in respect of suit 'B' schedule property and also for recovery of possession and the said O.S.No.276 of 2001 on the file of Principal District Munsif, Tiruchirapalli was decreed as prayed for on 28.03.2008 and aggrieved over the same the defendants preferred A.S.No.121 of 2008 and as per judgment dated 12.04.2009, the First Appellate Court remanded the matter back to the trial Court for fresh disposal and subsequently Exs.C1 to C4 were marked and thereafter, the trial Court decreed the suit as prayed for on 26.02.2010. Aggrieved over the same, the Second Appeal is now preferred.

3. The suit property belongs to the plaintiff and the same was purchased as per Ex.A1 sale deed dated 22.03.1950 by the father of the plaintiff by name Kunju @ Mookan Jogi. At the time of purchase, the property was vacant site and after purchasing the property compound wall was raised on all the sides by submitting necessary plan to the concerned Municipal Authority. While putting up the compound wall the plaintiff left space on all the four side































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