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2022 Supreme(Online)(MAD) 8458

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R.VIJAYAKUMAR
RAJALAKSHMI – Appellant
Versus
KANAGA RETHINAMMAL (DIED) – Respondent


JUDGMENT

The plaintiff is the appellant.

2. The plaintiff filed a suit for declaration of title, permanent injunction and mandatory injunction. The suit was dismissed by the trial Court. The plaintiff filed A.S.No.24 of 1999 before Principal District Court, Ramanathapuram. The learned District Judge was pleased to dismiss the appeal. As against the concurrent findings, the present second appeal has been filed by the plaintiff.

3. The plaintiff has contended that the suit schedule properties originally belonged to one Alamelu Nachiyaar, who had sold away the same to the plaintiff under Exhibit A.1 on 13.06.1994. According to the plaintiff, the western wall of the houses in the North Car Street in Ramanathapuram Town belongs to the respective owners. In the present case, on the eastern side of the plaintiff’s property, a lane is located and hence, the wall on either side belongs to the plaintiff.

4. According to the plaintiff, at the time of purchase, there was only a ground floor and she has been putting up new construction part by part. In the northern most portion, the plaintiff has put up a construction to an extent of East-West 11 feet and North-South 36 feet up to the level of 2 f

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