D GNANASEKARAN Vs. VISWANATHAN RAMACHANDRAN

JUDGEMENT

(1.) The suit is filed under Section 6 of the Specific Relief Act seeking possession of the suit property.

(2.) The ancestors of the 1st plaintiff had purchased vast extents of lands in Zamin Mambalam and Mylapore Villages in the year 1923. It is claimed that they had acquired the lands in Paimash Nos. 669 and 670 in Zamin Mambalam Village. The Madras Corporation had acquired vast extent of lands in Zamin Mambalam Village for development of road and other infrastructural facilities. Certain lands belonging to the ancestors of the 1st plaintiff were also acquired during the said acquisition. According to the plaintiffs, by G. O. Ms. No. 735 dated 28. 08. 1923, certain lands belonging to the ancestors of the 1st plaintiff were excluded from the acquisition. Survey Nos. 39 to 76 in Zamin Mambalam Village (Old Survey No. 55/3 and 54) were, according to the plaintiffs, excluded from acquisition.

(3.) It is further claimed that Old Survey No. 55/3 was assigned new Survey No. 4867 in the year 1956. Subsequently, Old Survey No. 55/3 was assigned Survey No. 7039/2 of Zamin Mambalam Village. It is the further claim of the plaintiffs that the Northern boundary of the land that belonged to the 1st plaintiff's ancestors, belonged to the predecessors-in-title of the defendants 1 and 2 herein one Meenambal. The said Meenambal's land which was originally comprised in Survey No. 7039 and later sub-divided and assigned Survey No. 7039/1. The defendants 1 and 2 herein appears to have purchased the properties in Survey No. 7039/1 in Zamin Mambalam Villlage of an extent of 2 grounds and odd from the said Meenambal. It is claimed that an extent of 5460 sq. ft. or thereabouts belonged to the family of the 1st plaintiff was comprised in Survey No. 7039/2 which has been enjoyed by the family of the plaintiffs and the defendants had nothing to do with the property.