In The Court of The District Munsif at Madurantakam
In The Court of The District Munsif at Madurantakam
In The Court of The District Munsif at Madurantakam
Rajagopal ...Plaintiff.
..Vs..
1. Gunasekaran
* 2. Bakkiyalakshmi, ...Defendants.
( 2nd defendant impleaded as per order in I.A. No. 1659/2014 in O.S. No. 254/2013 dated
15.7/2014 and the plaint amended as per order in I.A. No. 1091/2014 dated 7.8.2014).
This Suit is coming before me for final hearing on 05.01.2018 in the presence of
Thiru.K. Ayyasamy counsel for Plaintiff and Thiru.V. Agoram counsel for Defendants and
upon hearing both the sides and upon perusal of records and having stood over for
consideration and till this date, and this court delivered the following:
Judgment
The suit has been filed by the Plaintiff to Permanent Injunction against the
Defendants restraining them, their men agents, servants, or representatives from in any way
interfering with the Plaintiff's peaceful possession and enjoyment of the suit property and for
cost.
The Plaintiff submit that the Plaintiff is the absolute and exclusive owners of the
schedule mentioned suit properties and he is in possession and enjoyment of the same. The
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Plaintiff has purchased the suit property by way of a registered sale deed dated 16.11.2006 and
from then onwards the Plaintiff is in possession and enjoyment of the suit property by doing all
acts of ownership. The Plaintiff vendor namely M.K.Raju purchased the suit property through a
registered Sale deed dated 29.03.1990 and he possessed and enjoyed the same and sold the
same to the Plaintiff. During the year 2007 the Plaintiff dug a well in the suit property and
obtained 5Hp Motor and Electric service connection. Patta also transferred in the name of
Plaintiff after due enquiry and measurements and Sub-division was taken place and New
Survey Number was given as S.No. 213/16 in Patta No. is 948. The Plaintiff is paying kist and
other charges to the Government regularly. The sale deed dated 29.03.1990, Sale deed infavour
of Plaintiff on 16.11.2006, Patta in the name of Plaintiff, Adangal extract to the suit Properties,
available kist receipts, Letters sent by Electricity Board, E.B. deposit receipts, are filed
herewith and the same may be read as part and parcel of this plaint.
The Plaintiff submits that the Defendant are strangers and he has no any right or interest
over the suit properties. The defendant are powerful in men and money and wih their men and
money power the defendants are making unlawful arrangements to interfere with Plaintiffs
peaceful possession and enjoyment of the suit properties for the past one week. One such
attempt was made by the defendants on 20.10.2013 and the same was successfully prevented
by the Plaintiffs with great difficulties. The defendant giving out in the village, that he will
dispossesses the Plaintiff at any time. Therefore the Plaintiffs are filing the suit against the
In the above suit the Plaintiff has filed injunction petition in I.A. No. 135/2013. In that
petition the Defendant filed his counter stating that he has no lands in his name and his wife
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Bakkiyalakshmi alone purchased 1 Acre 40 cents in S.No. 213/1 from Raman, and hence the
Plaintiff impleaded the Bakkiyalakshmi as 2nd defendant in the suit for proper adjudication".
This suit is incorrect, vexatious and unsustainable both in law and on facts. This
Defendant does not admit any of the allegations setout in the Plaint, save those that are
specifically admitted herein and puts the Plaintiff to strict proof of every other allegations.
The allegation that the plaintiff is the absolute and exclusive owner of the
schedule mentioned properties and he is in possession and enjoyment of the same and further
allegation the Plaintiff purchased the suit property by way of registered sale deed dated
16.11.2008 from then the Plaintiff is in possession and enjoyment of the property and doing all
acts of ownership and the further allegation the Plaintiffs vendor namely M.K.Raju purchased
the suit property through a registered sale deed dated 29.03.1990 and he possessed and enjoyed
the same and sold the same to the Plaintiff and alleged dug of a well in the suit property by the
Plaintiff during 2007 and the Plaintiff obtained 5 HP Motor and service connection and alleged
patta transfer in the name of the Plaintiff and alleged sub-division S.No.213/2016 are all not
admitted by this Defendant. The Plaintiff is put to strict proof of those allegations. There is no
The Defendant submits that this Defendant has no lands in his name. The suit is
wrongly filed against this Defendant. This Defendant submits that his wife had purchased
Ac.1.50 cents in S.No.213/1 from Raman S/o. Narayanan by way of registered sale deed dated
20.05.2004 since then she is in possession and enjoyment of the same. Her vendor Raman had
purchased the said property by way of registered sale deed dated 02.09.1991. In the sale deed it
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has been clearly mentioned there is 20 feet Private Road passage with perpetual right to the
West of the property purchased by him. The 20 feet passage from the Road to the Property of
this Defendant's wife to an extent of 20 feet wide 670 feet length. The pathway is in existence.
On the South of the pathway one Sivakamu W/o. P.S.Sivarama Dikshidar, purchased Ac. 1.40
cents in S.No. 213/1 which is east to the property of this Defendant's wife. The 20'feet pathway
is mentioned in the sale deed of Sivakamu. Likewise the P.S.Sivarama Dishidar purchased
Ac.1.40 cents in S.No.213/1 on the North by 20 feet common Road and East by Sivakamu land.
In that sale deed also the 20 feet pathway from the Road to the length of 670 feet shown. For
the land purchased by the wife of this Defendant from Raman under the registered sale deed
dated 20.05.2004 to be reached only through the pathway mentioned in those sale deeds. The
Common vendor was Zamin, Who had also given a rough sketch which will clearly shows the
20 feet Road from the road to the land of this Defendant Backiyalakshmi. The land purchased
by her from Raman to be reached only through the pathway mentioned in those sale deeds. The
property of the Plaintiff situate on the North of the Common Road. The Plaintiff failed to state
about the common Road in his plaint schedule of property. With the view to grab the common
Road, to be utilized by P.V.Sivaraman, Sivakamu and this Defendant's wife, the suit had been
vexatiously filed. The Plaintiff concealed the material facts and comeforward with this
vexatious suit. The Plaintiff has no locusstandi to file the suit against this Defendant. He has
not filed the suit against proper parties. The suit is misconceived one. Without verifying the
records and without adding proper persons, the suit is filed vexatiously against this Defendant.
The suit is highly malicious. The survey also been conducted and existence of the pathway
found out by going through the documents. The plaintiff has not locustandi to file the suit. The
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alleged threat by this Defendant i specifically denied. This Defendants wife is enjoying the
property purchased by her through the 20 feet Road. There is no cause of action to file the suit.
There is absolutely no merit in the present suit. Hence, it is prayed that this Hon'ble
Court may be pleased to order to decree the suit as prayed for with cost.
This suit is incorrect, vexatious and unsustainable both in law and on facts. This
Defendant does not admit any of the allegations setout in the Plaint, save those that are
specifically admitted herein and puts the Plaintiff to strict proof of every other allegations.
The allegation that the plaintiff is the absolute and exclusive owner of the
schedule mentioned properties and he is in possession and enjoyment of the same and further
allegation the Plaintiff purchased the suit property by way of registered sale deed dated
16.11.2008 from then the Plaintiff is in possession and enjoyment of the property and doing all
acts of ownership and the further allegation the Plaintiffs vendor namely M.K.Raju purchased
the suit property through a registered sale deed dated 29.03.1990 and he possessed and enjoyed
the same and sold the same to the Plaintiff and alleged dug of a well in the suit property by the
Plaintiff during 2007 and the Plaintiff obtained 5 HP Motor and service connection and alleged
patta transfer in the name of the Plaintiff and alleged sub-division S.No.213/2016 are all
specifically denied by this Hon'ble Court and not admitted by this Defendant. The Plaintiff is
put to strict proof of those allegations. There is no cause of action to file the suit.
S.No.213/1 from Raman S/o. Narayanan by way of registered sale deed dated 20.05.2004 since
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then she is in possession and enjoyment of the same. Her vendor Raman had purchased thge
said property by way of registered sale deed dated 02.09.1991. In the sale deed it has been
clearly mentioned there is 20 feet Private Road passage with perpetual right to the West of the
property purchased by him. The 20 feet passage from the Road to the Property of this
Defendant's wife to an extent of 20 feet wide 670 feet length. The pathway is in existence. On
the South of the pathway one Sivakamu W/o. P.S.Sivarama Dikshidar, purchased Ac. 1.40 cents
in S.No. 213/1 which is east to the property of this Defendant's wife. The 20'feet pathway is
mentioned in the sale deed of Sivakamu. Likewise the P.S.Sivarama Dishidar purchased
Ac.1.40 cents in S.No.213/1 on the North by 20 feet common Road and East by Sivakamu land.
In that sale deed also the 20 feet pathway from the Road to the length of 670 feet shown. For
the land purchased by the wife of this Defendant from Raman under the registered sale deed
dated 20.05.2004 to be reached only through the pathway mentioned in those sale deeds. The
Common vendor was Zamin, who had also given a rough sketch which will clearly shows the
20 feet Road from the road to the land of this Defendant Backiyalakshmi. The land purchased
by her from Raman to be reached only through the pathway mentioned in those sale deeds. The
property of the Plaintiff situate on the North of the Common Road. The Plaintiff failed to state
about the common Road in his plaint schedule of property. With the view to grab the common
Road, to be utilized by P.V.Sivaraman, Sivakamu and this Defendant's wife, the suit had been
vexatiously filed. The Plaintiff concealed the material facts and comeforward with this
vexatious suit. The Plaintiff has no locusstandi to file the suit against this Defendant. Without
verifying the records and without adding proper persons, the suit is filed vexatiously against
this Defendant. The suit is highly malicious. The survey also been conducted and existence of
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the pathway found out by going through the documents. The plaintiff has not locustandi to file
the suit. The alleged threat by this Defendant specifically denied. This Defendant is enjoying
the property purchased by he through the 20 feet Road. There is no cause of action to file the
suit. The suit is not properly filed. There is absolutely no merit in the present suit. Hence, it is
5. On the side of the Plaintiff, the Plaintiff is examined as PW1, and Exhibit A- 1 to A-8
were marked, on the side of the Defendant, the Defendant is examined as DW1, and
another witness is examined as DW-2 , and Exhibit B-1 to B-5 were marked.
6. The Plaintiff in his plaint and his evidence had relied the following documents namely,
The Original sale deed bearing document No. 3373/2006 dated 16.11.2006 is marked as
Exhibit A-1. The Sale deed in the name of Plaintiff's vendor M.K. Raju bearing document
No. 188/1990 dated 29.03.1990 is marked as Ex.A-2. The Computer patta bearing patta No.
948 in the name of Plaintiff dated 15.10.2013 is marked as Ex.A-3. The kist receipt in 2
Nos .dated 21.10.2013 and 27.01.2009 is marked as Ex. A-4. The letter sent by TNEB to the
Plaintiff in 2 Nos dated 24.01.2008 and 21.05.2007 is marked as Ex.A-5. The Electricity
bills in 2 Nos. in the name of Plaintiff dated 23.02.2008 and 28.05.2007 is marked as
Ex.A6. The certified copy of the sale deed bearing document No. 2041 dated 17.04.2009 is
The Defendant in his Written statement and his evidence had relied the following
documents namely, The certified copy of the Sale deed executed infavour of Sivakamu by
B.Nanda Alagesan bearing document No. 647 dated 02.09.1991 is marked as Ex.B-1. The
certified copy of the Sale deed executed infavour of Sivarama Dekshider by B.Nanda
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Azhaganan bearing document No. 648 dated 02.09.1991 is marked as Ex.B-2. The certified
copy of the Sale deed executed infavour of Nanda Alagesan by V. Raman bearing document
No. 649 dated 02.09.1991 is marked as Ex. B-3.The certified copy of the Sale deed executed
infavour of Backiyalakshmi Raman bearing document No. 838 dated 20.05.2004 is marked
as Ex.B-4. The Computer patta bearing patta No. 928 dated 24.11.2016 is marked as Ex.B-4.
Issue No. 1. Whether the Plaintiff is in Possession and enjoyment of the suit Property?
The Plaintiff herein had stated that he is in possession and enjoyment of the suit
mentioned property, as the same is purchased by him by way of a registered sale deed dated
16.11.2006. The said document is marked as Exhibit A-1. On perusal of Exhibit A-1 the
Plaintiff herein had purchased the suit S. No. 213/1 to its new S. No. 213/1A/1A to the extent
of 4 acres from one M.K. Raju for valid sale consideration. The Plaintiff further stated from
the date of purchase he is in absolute possession and enjoyment by doing all acts of ownership
in the suit property. The Plaintiff vendor M.K.Raju had purchased the suit property through a
registered sale deed dated 29.03.1990. The said document is marked as Exhibit A-2. On
perusal of Exhibit A-2, the Power agent of Nanda Azhaganan is Balu Azhaganan. The said
Balu Azhaganan had sold his principals property to the Plaintiff vendor Mr.M.K.Raju for valid
sale consideration i.e. the suit mentioned schedule of property bearing S. No. 213/1 part and
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the extent is stated as 4 acres. The boundaries in Exhibit A-2, for the suit mentioned property
is as follows "North and east by 26 feet road, south by land belonging to Nanda Azhaganan
and West by Road in S. No. 211. The Plaintiff herein had stated that during the year 2007, the
Plaintiff dug a well in the suit property for which he obtained the 5 HP Motor and Electricity
Service connection in his name. The Plaintiff herein had marked Exhibit A-5, the letter sent
by Executive Engineer, Acharapakkam, Tamil Nadu Electricity Board to the Plaintiff dated
24.01.2008. The Plaintiff also filed the Electricity service payment receipt dated 23.02.2008
as Exhibit A-6. The Plaintiff herein had stated that the patta for the suit Survey number
transferred in the name of Plaintiff after due enquiry and sub-division by the Revenue
Official. The said patta is marked as Exhibit A-3. On perusal of Exhibit A-3 the patta number
is mentioned as 948 and the same stands in the name of Plaintiff for the S.No. 213/16. The
Plaintiff herein had stated that he regularly paying the Kist and other charges to the
Government, thereby marked the Kist receipt as Exhibit A-4. The Plaintiff herein had stated
that the Defendant is the strangers and they had no right or interest over the suit property. In
spite of the fact, the Defendants are making unlawful arrangements to interfere with Plaintiff's
peaceful possession and enjoyment of the suit property. The same was averted by the Plaintiff
with great difficulties. Thereby the Plaintiff herein had filed the present suit for declaration of
his title.
The Defendant herein had filed the Written Statement denying the allegations made by
the Plaintiff in his plaint. The Defendant herein had stated that the 1 st Defendant had no lands
in his name. On the other hand the Defendant herein had stated that his wife has purchased 1
Acre 50 cents in S.No. 213/1 from one Raman by means of Registered sale deed dated
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20.05.2004. From the date of purchase, she is in absolute possession and enjoyment of the
same. Likewise his wife's vendor had purchased the suit property by means of registered sale
deed dated 02.09.1991 and furthermore the 1 st Defendant herein had stated that the suit is bad
for non-joinder of his wife Backialakshmi as she is necessary party to decide the dispute as
she alone purchase the property. After filing the written statement by the 1 st Defendant, the
Plaintiff herein had impleaded the 2 nd Defendant Backialakshmi as per order in I.A.No.
1659/2014 dated 15.07.2014. The 2nd Defendant herein had filed the written Statement stating
the fact that she purchased the 1 acre 50 cents in S.No. 213/1 from one Raman by means of a
registered sale deed dated 20.05.2004. The said document is marked as Exhibit B4. On
perusal of Exhibit B-4 the property has been purchased by the 2 nd Defendant from the power
agent of Mr. Raman namely Sundaram S/o Narayanan. In which the survey number is
mentioned as 213/1 and the extent is mentioned as 1.50 cents and its boundaries runs as
nkw;go epyk;."
The Defendant further stated his vendor Mr.Raman had purchased the suit
property by means of a registered sale deed dated 02.09.1991 for valid sale consideration and
the said document is marked as Exhibit B-3. On perusal of Exhibit B-3, the 2 nd Defendant's
vendor Mr.Raman had purchased the property from the power agent of Nanda Azhaganan that
is from Bala Azhaganan. On further perusal of Exhibit B-3, the schedule of property is stated
as follows " North by land belonging to Mr. Velaiyan and Mr.A.Venkatachalam and south by
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land belonging to Suresh Kumar Rao East by land belonging to Munusamy and West by land
Defendant herein had stated that in the above sale deed it is clearly mentioned about 20 feet
private road passage with perpetual right to the west of the property purchased by her vendor.
The 20 feet passage from the road to the property to this 2 nd Defendant is to an extent of 20
feet width and 670 feet length. The pathway is still in existence.
The 2nd Defendant further stated that the said pathway is also mentioned in the
sale deed of one Sivakamu who has purchased one acre and 40 cents in S.No. 213/1 from Balu
Azhaganan and he same is situated on the east to the property of this 2 nd Defendant. The
said sale deed is marked as Exhibit B-1. On the very same date one Sivarama Dishidar
purchased 1 Acre 40 cents in S.No. 213/1 from Balu Azhaganan with the following
boundaries, North by common Road (passage) 20 feet wide running West to East to
Mr.V.Raman's land, South by land belonging to Mr.Suresh Kumar Rao, East by land of
Sivakamu and West by High way Road in S.No. 211. The said document is marked as
Exhibit B-2. In which also the existence of 20 feet pathway running to the length of 670 feet is
mentioned. The 2nd Defendant herein had stated that this Defendant along with one Sivakamu
and Sivarama Dishidar purchased the property from Bala Azhaganan, the Power agent of
Nanda Azhaganan. Thereby it is construed that they are having the common vendor. The 2 nd
Defendant further stated for the property purchased by the 2 nd Defendant from his vendor
Raman to be reached only through the pathway mentioned in those sale deeds and the Plaintiff
herein failed to state about the common road in his Plaint schedule in order to grab the
common road which was utilized by Sivakamu and the 2nd Defendant.
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The 2nd Defendant further stated that the Plaintiff had no locustandi to file the suit
against the Defendant and the same was filed without verifying the records. Thereby the suit
filed by the Plaintiff is liable to be dismissed. The Plaintiff herein had raised the objection in
marking Exhibit B-1, B-2 and Exhibit B-3 stating that the existence of common road was not
awared by the Plaintiff, while he purchased the property from his vendor and further stated
there is another pathway available for the 2 nd Defendant to reach his property. The Plaintiff
herein had admitted the fact, that he purchased the property from one M.K.Raju. The said
M.K. Raju also purchase the property from Nanda Azhaganan which is marked as Exhibit A-2.
On perusal of Exhibit A-2 it is found that the Plaintiff vendor also purchased the property from
the Power agent of Nanda Azhaganan through Mr. Bala Azhaganan. The Plaintiff has filed the
suit without mentioning the boundaries to the property that he claims his title. The Plaintiff
stated that on the southern side of the suit mentioned property, the land belongs to one
Borelinga situated whereas the Defendant herein had stated that according to the Plaintiff's own
document, Exhibit A-2 the Southern side is the land belonging to the vendor. The Plaintiff
herein had marked Exhibit A-7, the sale deed dated 17.04.2009 by one Borelinga infavour of
the 2nd Defendant. On perusal of Exhibit A-7 in S.No. 213/1 to the extent of 1 Acre has been
purchased by the 2nd Defendant from one Borelinga in which the boundaries is stated as
follows " ghf;fpayl;Rkp epyj;jpw;F nkw;F gl;lh kz; ghl;ilf;F fpHf;F. tlf;F bjw;F
,jd; kj;jpapy; 1 Vf;fh; kl;Lk; " The Plaintiff also marked Exhibit A-8, the FMB Sketch for
the S. No. 213. By citing the Exhibit A-8, in S. No. 213/1A, 1A1 the existence of pathway is
not mentioned by the Revenue officials, and further stated that the Revenue Officials would
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mentioned about the presence of passage in the suit property if any as stated by the 2 nd
Defendant. The same shall be shown in the FMB Sketch that is Exhibit A-8. As claimed by
the Defendants there exists no common pathway, thereby the Defendants are not entitled for
the claim of the alleged pathway mentioned in the Exhibit B-1 to B-3.
On perusal of Exhibit B-1 and B-3 and also Exhibit A-2 the vendor of Exhibit B-
1 to B3 and A-2 is one and the same and the Exhibit B-1 to B-3 was executed on the very same
day that is 02.09.1991. In Exhibit B-1 to B-3, the existence of private passage is stated. The
length and its breadth is also stated. Furthermore in Exhibit B-1 to B-3, in the covenant it is
stated " that the purchaser had agreed to purchase the same for the said price, together with a
perpetual right of way along with Private Road (passage) 20 feet wide and 670 feet long in
common with the owner of the land...." In Exhibit B-1 in boundaries North by common road
passage 20 feet width running West to East V. Raman lands is stated. In Exhibit B-2, the 20
feet width road running west to east to Mr.V.Raman land is stated. In Exhibit A-3, the
purchase made by the Sivakamu from Balu Azhaganan is stated. Thereby the objection
raised by the Plaintiff has no legs to stands. Furthermore in the covenant of Exhibit B-1 to B-
3, it is that the common owners could used the common passage, at all times in common
with the owners of the land. On perusal of Exhibit B1 to B-3 the passage claimed by the
Defendant is the private common passage. It is between the Raman, Sivakamu and Sivarama
Diskhidar. Thereby the same shall not be mentioned in Exhibit A-8 the FMB Sketch. As both
the Plaintiff as well as the Defendants had purchased the land from common vendor and also
on perusal of the boundaries stated in Exhibit A-1, A-2, B-1 to B-3 the existence of passage is
found place. Furthermore the Plaintiff who come before this court for the relief of permanent
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Injunction had to prove the fact that he is in absolute possession and enjoyment of the suit
property within the boundaries. Whereas the Plaintiff herein failed to mention the boundaries
for which he sought relief of permanent injunction against the Defendant. In view of above
this court comes to the conclusion that the Plaintiff is not in possession and enjoyment of the
suit property absolutely and exclusively. In view of above this issue is answered against the
Plaintiff.
Issue No. 2. Whether the Plaintiff is entitled for the relief of Permanent Injunction?
As the Issue No.1 is answered against the Plaintiff. Thereby the Plaintiff is not
9. Dictated to the Stenographer and transcribed by her and corrected and pronounced by
District Munsif,
Madurantakam.
Plaintiff Side Witness :
PW1- Rajagopal
Ex.A1 - The Original sale deed bearing document No. 3373/2006 dated 16.11.2006
Ex.A2- The Sale deed in the name of Plaintiff's vendor M.K. Raju bearing document No.
188/1990 dated 29.03.1990
Ex.A3- The Computer patta bearing patta No. 948 in the name of Plaintiff dated
15.10.2013
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Ex.A5- The letter sent by TNEB to the Plaintiff in 2 Nos dated 24.01.2008
and 21.05.2007
Ex.A6- The Electricity bills in 2 Nos. in the name of Plaintiff dated 23.02.2008
and 28.05.2007
Ex.A7- The certified copy of the sale deed bearing document No. 2041 dated 17.04.2009
DW1- Bakkiyalakshmi
DW2- Elumalai
Ex.B-1- The certified copy of the Sale deed executed infavour of Sivakamu by B.Nanda
Alagesan bearing document No. 647 dated 02.09.1991.
Ex.B-2- The certified copy of the Sale deed executed infavour of Sivarama Dekshider by
B.Nanda Alagesan bearing document No. 648 dated 02.09.1991.
Ex.B-3- The certified copy of the Sale deed executed infavour of Nanda Alagesan
by V. Raman bearing document No. 649 dated 02.09.1991.
Ex.B-4- The certified copy of the Sale deed executed infavour of Backiyalakshmi Raman
bearing document No. 838 dated 20.05.2004.
Ex.B-5- The Computer patta bearing patta No. 928 dated 24.11.2016
District Munsif,
Madurantakam.
Draft/Fair/Judgment
D.D.: 18.01.2018.
DMC, MKM.