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2020 Supreme(Mad) 2249

N.SESHASAYEE
Rukkaiah Natchiar – Appellant
Versus
P. M. S. Mohamed Aamina Beevi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.B. Sundhareshwar

JUDGMENT :

N. Seshasayee, J.

1.1. The plaintiff, who has lost her suit for declaration of her title to the suit property successively both before the trial Court and the first Appellate Court, has come forward with this appeal. Parties would be referred to by their ranks before the trial Court.

1.2. The suit property is described as a plot measuring 4-3/8 feet next adjacent to the plaintiff's house. While plaintiff has sought declaration for the entire property, the dispute however is limited to a strip of property on the west, measuring 3-3" east-west x 24" east-west. The defendants are the owners of the western property. The crux of the issue is, of these two who battle for this piece of property, to whom does it belong? Claiming that it is her property, the plaintiff had laid the suit, not for this strip, but for the entire property of hers, of which this piece is alleged to be a part.

2.1. Plaintiff's case to the extent required may be briefly stated: The suit property is described as the eastern 4-3/8 feet in a plot north- south 19.37 x 26.5 feet with a total extent of 510 sq.

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