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2022 Supreme(Online)(Mad) 69988

MADRAS HIGH COURT
PARIMALAM – Appellant
Versus
STATE BY – Respondent


JUDGMENT

This appeal is directed as against the Judgment passed in S.C.No.61 of 2012 dated 13.12.2019, by the Principal Session Judge, Namakkal, convicting the appellants under Section 447 of IPC and Section 3(1) of TNPPDL Act, 1992.

2. The case of the prosecution is that the defacto complainant owned land ad-measuring 2.53 acres comprised in S.F.No.197/1A3 along with a Sago Factory will all accessories and cement tanks at Seerapalli. He purhcased the said property through a Court auction conducted by the Sub Court, Namakkal in REP.No.147 of 1989 in O.S.No.84 of 1989. The Court also confirmed the auction on 13.06.1990. Since then, it was in possession and enjoyment of the defacto complainant. He leased out the said property in favour of one Senthil, Nallan, Venkatesh and Manoharan. The said Manoharan had taken the said mill on lease. A1 is the daughter of one A.S.Periyasamy. A2 is the husband of A1. The said A.S.Periyasamy is the predecessor in title over the above said property, which was purchased by P.W.1. The accused are residing at Attur main road, Rasipuram. However, A1 was claiming that she and her family had share in the said Sago Factory, which was refused by the defacto com

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