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2025 Supreme(Online)(Mad) 67472

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MS. JUSTICE R. POORNIMA
SUBBULAKSHMI @ CHELLATHAI – Appellant
Versus
SMT.CHELLATHAYAMMAL(DIED) – Respondent


JUDGMENT

This Second Appeal is filed against the judgment and decree dated 03.10.2007 made in A.S.No.35/07 by the Sub-Court, Kovilpatti, confirming the judgment and decree dated 10.01.2007 made in O.S.No.177 of 2005 by the District Munsif Court, Kovilpatti.

2. The plaintiff's case in O.S.No.177 of 2005 in brief, is as follows:

(a) The suit properties has been in possession and enjoyment of the plaintiffs and their ancestors for over 50 years. The father of plaintiffs 2 to 4, 2nd defendant and the husband of the first plaintff viz., Late. Kondusamy Naicker constructed a house on the suit property about 50 years ago, where he resided with his wife and children. In the the year 1981, he also obtained a patta from the Special Tahsildar, Kovilpatti.

(b) On 03.12.1995 the said Kondusamy Naicker died. Upon his demise, the plaintiffs and the second defendant succeeded to the suit property. Thiru.Kondusamy Naicker obtained electricity connection and paid taxes to the Chathirapatti Panchayat. After his death, the plaintiffs have been paying taxes for the land and building and have been in possession and enjoyment of the suit property.

(c) Presently, the plaintiffs are residing in Kovilpatti for t

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