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2025 Supreme(Online)(Mad) 63346

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Velmurugan, J
T.J.Manoharan (died) – Appellant
Versus
Susairaj Muthiriar (died) – Respondent


Advocates:
For the Appellants/Petitioners: Mr.P.Thiagarajan
For the Respondents: Mr.S.Rajasekar for Mr.S.M.A.Jinnah

JUDGMENT

The present Second Appeal is preferred by the appellants challenging the judgment and decree dated 28.12.2001 in A.S.No.103 of 2001 on the file of the II Additional District Court, Tiruchirapalli, whereby the First Appellate Court reversed the judgment and decree of the District Munsif Court, Lalgudi in O.S.No.216 of 1996, and decreed the suit filed by the respondents for recovery of possession and damages in respect of the suit properties.

2. The plaint averments, in a nutshell, are as follows:

2.1. The plaintiff claimed that the suit properties described in the schedule, comprising two plots measuring about 28 cents each, and a third plot measuring 16½ cents containing a thope with a tiled house and a small vacant site measuring 24 feet by 20 feet, belonged to him. He stated that he derived title under a registered settlement deed executed by Muthakshi Ammal (alias Soosai Ammal) on 22.11.1965 and had been in possession and enjoyment of the properties since then, asserting that no one else had any right, title, or interest. The first defendant is the plaintiff’s brother-in-law, and the second defendant is his wife.

2.2. The plaintiff alleged that he applied to the Tahsildar f

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