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2019 Supreme(Mad) 90

G.JAYACHANDRAN
Krishnamoorthy – Appellant
Versus
Veerabadra Gramini (deceased) – Respondent


Advocates Appeared:
For the Appellant : Mrs. V. Srimathi
For the Respondent: Mr. J.Hariharan for M/s V.Nicholas

JUDGMENT :

The plaintiff in O.S.No.461 of 1990 is the appellant in the second appeal. Initially, the said suit was laid on 06.11.1990 for declaration and permanent injunction in respect of the suit schedule property. Later, the relief was amended for recovery of possession alleging that pending suit, the defendant with the help of his henchmen on 01.07.2000 illegally and high handedly trespassed into the suit property and forcibly taken possession of the suit property. The trial Court has allowed the suit as prayed. Hence, the present second appeal.

2. Gist of the plaint averments :

The plaintiff purchased the suit property under a registered sale deed dated 29.05.1990 for valuable consideration from one Elumalai Gramani. Since his purchase, he is in possession and enjoyment. The plaintiff is cultivating the suit property and paying kists. In 0.28 cents of land, he has raised gingely crop and has ploughed 0.32 cents land for raising paddy. Whileso, the defendant, who is inimical and hostile towards the plaintiff, attempted to trespass into the suit property by casting cloud upon the plaintiff's title. The attempt was prevented on 03.07.1990. To avoid such attempts in future, he prayed



































































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