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2021 Supreme(Online)(MAD) 48527

HIGH COURT OF MADRAS
Hon`ble Mr.Justice R. VIJAYAKUMAR
K.PANDI – Appellant
Versus
KARUPPIAH SERVAI – Respondent


JUDGMENT

The plaintiffs are the appellants herein.

2. The plaintiffs filed O.S.No.78 of 2003 before the learned District Munsif Court, Devakottai for the relief of declaration and for permanent injunction. The suit was decreed as prayed for. As against the same, the defendants 1 to 5 and 7 filed A.S.No.33 of 2004 before the learned Subordinate Court, Devakottai. The learned Subordinate Judge was pleased to allow the appeal and dismissed the suit. As against the same, the plaintiffs have filed the above second appeal.

3. The plaintiffs contended that they are the owners of Southern 40 cents out of 80 cents in Survey No.116/5. According to the plaintiffs, the suit schedule property was the ancestral property. The plaintiffs further contended that the suit schedule properties originally belonged to one Arunachalam Servai and it devolved upon his son Sirakillikutty Servai and thereafter, it devolved upon Periannan, and then, upon Sornam and then upon one, Kalimuthu, who is the father of the plaintiffs. The plaintiffs further contended that a joint patta was issued in their favour under Ex.A.1 on 24.08.1983 and since the defendants have raised objection before the revenue authorities, the

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