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2024 Supreme(Online)(MAD) 14143

HIGH COURT OF MADRAS
Honourable Mr Justice P.B. BALAJI
R. KALIYAPERUMAL – Appellant
Versus
NANDA THIRUMAL – Respondent


JUDGMENT

This Second Appeal has been filed against the judgment and decree dated 16.02.2017 passed in A.S.No.70 of 2013 on the file of the Principal Subordinate Judge, Tindivanam, reversing the judgment and decree dated 22.11.2013 passed in O.S.No.29 of 2009 on the file of the District Munsif -cum- Judicial Magistrate, Vanur.

2.The plaintiff, who suffered a reversal finding at the hands of the First Appellate Court, in a suit for declaration and permanent injunction, is the appellant herein.

3.The parties are described as per their litigating status before the Trial Court.

4.The case of the plaintiff is that he had purchased the suit property on

02.11.2007 from one Venugopal and that ever since the said date, he has been in peaceful possession and enjoyment of the same. According to the plaintiff, the suit property is comprised in S.No.354 and there was a resurvey in the year 1924, the property was assigned Resurvey No.231/2A measuring 2.96 acres and subsequently, it was again resurveyed and assigned S.No.267/1A. The total extent available in S.No.354 namely the suit property is 4 acres and 13 cents. According to the plaintiff, the said property belonged to one Srinivasa Gounder, who c

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