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MADRAS HIGH COURT
SARASWATHI AMMAL – Appellant
Versus
NAGARAJ – Respondent


J U D G M E N T

This Second Appeal has been filed against the judgment and decree passed by the Subordinate Court, Vaniyambadi (first Appellate Court) in A.S.No.1 of 2012, in confirming the judgment and decree passed by the Principal District Munsif Cum Judicial Magistrate, Vaniyambadi, Vellore District (trial Court) in O.S.No.67 of 2003, dated 27.09.2011. 2. For the sake of convenience, the parties herein shall be referred hereinafter as per the rank assigned in the suit, unless and otherwise, they are specifically referred to as per the status in this Second Appeal.

3. The unsuccessful defendants are the appellants herein.

4. The plaintiff filed the suit for the relief of permanent injunction and for costs.

5. The case of the plaintiff, as averred in the plaint, in short are as follows:-

i) The suit property is an ancestral property and originally it belonged to one Rathinamal and Santha Bai. Since the predecessors in title of the property were unable to maintain the property, they leased out the property in favour of the plaintiff's father by name Kumara Goundar, vide Muchalika, dated 04.05.1964, on an yearly rent of Rs.1213/-. Pursuant to such lease hold right, the plaintiff's fath

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