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2025 Supreme(Online)(Mad) 64734

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
E.Bharatheedasan – Appellant
Versus
Jayachandran – Respondent


Advocates:
For the Appellant: Mr.C.T.Prabhakar
For the Respondents: Ms.Mamta Pandey for R3, R4, R6 & R8

JUDGMENT

This Second Appeal has been preferred as against the Decree and Judgment passed in A.S.No.71 of 2012 on the file of learned Subordinate Judge, Kancheepuram dated 25.07.2014, wherein the appellant herein has preferred the said appeal as against the Decree and Judgment passed by the learned Additional District Munsif, Kancheepuram in O.S.No.12 of 2004 dated 30.09.2010 and before the learned Additional District Munsif, Kancheepuram, the appellant herein, being the plaintiff, filed a suit for the relief of recovery of possession and to remove the huts or construction in the suit plot and the said suit was dismissed.

2. The brief averments of the plaint are as follows:-

The suit properties were allotted to the plaintiff in pursuance to the allotment order dated 03.04.1986 by the society, namely, Mamallan Nagar, Residents Association for the purpose of constructing an office building for its association. The suit properties are part and parcel of Town Survey Numbers 2871 and 2873. Adjacent to the suit property, on the northern side of the adjoining suit plot, the Government poromboke Land is situated in Town Survey no.2872 [old no.106/5]. The defendants are the encroachers of the a

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