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2020 Supreme(Mad) 389

C.SARAVANAN
Kandayya – Appellant
Versus
T. Ramaswamy – Respondent


Advocates Appeared:
For the Appellants:P. Gopalan, Advocate. For the Respondents:R1 & R2, C. Jagadish, R3 to R9, No Appearance, R1 to R4, C. Jagadish, Advocates.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1(u) of C.P.C., to set aside the Order and Decree of the Sub Judge, Namakkal passed in A.S.No.1 of 2009 dated 25.02.2011.

Civil Miscellaneous Appeal filed under Order 43 Rule 1(u) of C.P.C., to set aside the Order and Decree of the Sub Judge, Namakkal passed in A.S.No.2 of 2009 dated 25.02.2011.)

Common Judgment

1. The appellant is the plaintiff in O.S.No.1624 of 1981. O.S.No.1624 of 1981 was originally filed against the defendants therein who are respondents in C.M.A.No.2637 of 2011. The appellant claims to have purchased the Suit Schedule Property under a sale deed dated 27.08.1981 marked as Exhibit A1 and thus claims right over the Suit Schedule Property.

2. The suit was contested by the respondents/defendants on the ground that they were using property from time in memorial and during the interregnum as per the grant in G.O.Ms.No.5086 dated 21.8.1973.

3. Respondents, in C.M.A.No.2636 of 2011 filed O.S.No.1664 of 1981 in a representative capacity on behalf of a Association of City Laundry Workers (Washermen). The vendor of the appellant one Sembayee Ammal, was the first defendant in O.S.No.1664 of 1981. The appella

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