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2023 Supreme(Online)(MAD) 34509

MADRAS HIGH COURT
SUNDARAM MUDALIAR – Appellant
Versus
MANGAYARKARASI (Deceased) – Respondent


JUDGMENT

The instant second appeal has been filed at the instance of the plaintiff. The respondents 2 to 4 herein are the legal heirs of the deceased first respondent who was the sole defendant before the Trial Court.

2. For the sake of convenience, the parties will be referred according to their litigative status before the Trial Court.

3. The brief facts, which give rise to the instance second appeal are as follows:

The suit schedule properties absolutely belongs to the plaintiff and that the plaintiff' has been in possession and enjoyment of the same continuously for the past more than 40 years by paying necessary kists. The patta was also issued in the name of the plaintiff. The plaintiff prescribed title by adverse possession. The defendant has no right or title over the suit properties. The defendant purchased some land on the eastern side of the first item and on the western side of the second item of the suit properties by virtue of the sale deed dated 26.03.1992. In which the suit properties were shown as boundaries. Taking vengeance against the plaintiff, the defendant was deliberately trying to trespass into the suit properties. Hence, the plaintiff came forward with the su

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