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2020 Supreme(Mad) 2205

R.M.T.TEEKAA RAMAN
Janaki – Appellant
Versus
Raja Muthaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.S.R. Venkat Ramana for T. Selvan
For the Respondent: V. Meenakshi Sundaram

JUDGMENT :

R.M.T. Teekaa Raman, J.

1. The plaintiff is the appellant herein.

2. The plaintiff filed suit for declaration of title in respect of 'A' schedule property (larger extent) and for permanent injunction against the defendants and also prayed for recovery of possession in respect of 'B' schedule property (smaller extent), which is forming part of the 'A' schedule property.

3. The suit property is situated in Viyajaragava Muthaliar Sathiram. The plaint proceeds on the basis that the plaintiff purchased the suit 'A' schedule property from one Sooriathammal and others, vide sale deed, Ex. A1, dated 15.09.1975, and also traced the title from Ex. A8, Ex. A7 and Ex. A6. Thereafter, Ex. A1 came into existence in favour of the plaintiff and also filed the revenue records.

4. The claim made by the plaintiff is resisted by the defendants on multiple grounds inter alia contending that the first defendant had purchased the property under Ex. B1 on 08.11.1984 and also he is tracing his title through Ex. B2 and Ex. B3 and relied upon Ex. B8 village map and Ex. B21 lay-out to show the sub division in this survey number.

5. Initially, the suit was decreed and the defendants had preferred an appea

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