G.JAYACHANDRAN
Ramasamy – Appellant
Versus
Govindarasu (died) – Respondent
JUDGMENT :
(Prayer: Second Appeal is filed under Section 100 of C.P.C, praying against the judgment and decree in A.S.No.92 of 2002 dated 26.04.2004 on the file of the Additional Subordinate Judge, Vridhachalam, thereby confirming the judgment and decree made in O.S.No.347 of 1996 dated 16.08.2001 on the file of the District Munsif-cum-Judicial Magistrate, Tittagudi.)
(The case has been heard through video conference)
The appellants are the legal heirs of the deceased defendants 1 & 5 in the original suit. The suit was filed for declaration of title, injunction and if the plaintiffs are disposes from the suit property pending suit, recovery of possession.
2. The case of the plaintiffs in short is that, the land in R.S.No.164/3 at Ganapathykrichi Village, Tittagudi Taluk, is a patta land, in which the suit property is to an extent of 1.68acres. Out of 1.68 acres, 68 cents is the ancestral property of the plaintiffs. On 30.10.1946 under Ex.A.1 the father of the plaintiff purchased 67 cents from one Valliammai. On 07.06.1955, he purchased 33 cents from one Nagammal and Mayilambal. Pending suit, the plaintiff Govindarasu died and his legal heirs were brought of record as plaintiffs 2 to 5.
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