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The plaintiff / legal representatives of the plaintiff in O.S.No.306 of 1977 on the file of the District Munsif Court, Sholinghur are the appellants in S.A.No.1489 of 1986.

2.The suit in O.S.No.306 of 1977 had been filed by the appellant / P.Annammal, who died during the pendency of the Second Appeal against two defendants viz., Krishnan and his sister Vellai Kanniammal seeking declaration of title with respect to the suit schedule property which forms part of Gramanatham S.No.233/1 at Banavaram Village at Arakonam in Vellore District, measuring East to West 58 feet and North to South 45 feet.

4.The trial in both the suits, O.S.No.306 of 1977 and O.S.No.9 of 1978 were conducted jointly and by judgment dated 02.04.1983, the District Munsif, Sholinghur, on the basis of the pleadings and the evidence on record, decreed O.S.No.306 of 1977 and dismissed O.S.No.9 of 1978. Questioning the decree granted in O.S.No.306 of 1977, the defendants therein who are the respondents herein filed A.S.No.93 of 1983 before the Principal Sub Court, Vellore. Questioning the dismissal of O.S.No.9 of 1978, the plaintiff therein / legal representatives of the deceased plaintiff filed A.S.No.74 of 1983 before the Principal Sub Court, Vellore.

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6.Questioning the judgment and decree in both the First Appeals, the plaintiff in O.S.No.306 of 1977 filed S.A.No.1489 of 1986. She was one of the defendants in O.S.No.9 of 1978 and she filed S.A.No.1488 of 1986.

7.Pending the Second Appeals, the appellant P.Annammal died and thereafter, appellants 3 to 5 have been brought on record. O.S.No.306 of 1977 (District Munsif Court, Sholinghur):-

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9.She stated that Krishnan claimed that the Tashildar, Arokonam had granted assignment of a portion of the schedule mentioned property in the name of his sister Vellai Kanniammal and therefore, he asserted right to possess the property. The plaintiff further stated that earlier one M.R.Duraikannu Naidu had obtained an assignment of a portion of the site from the Tahsildar, Arakonam. He filed a suit in O.S.No.330 of 1975 before the District Munsif Court at Sholinghur seeking declaration of title and recovery of possession. That suit was transferred to the District Munsif Court, Ranipet and re-numbered as O.S.No.49 of 1977. It was dismissed as withdrawn. The plaintiff further stated that questioning assignment in favour of M.R.Duraikannu Naidu, she filed an Appeal before the Revenue Divisional Officer. The Appeal was allowed and assignment in favour of M.R.Duraikannu Naidu was cancelled. The further Appeal before the District Revenue Officer, Vellore was dismissed and the Tahsildar was directed to assign the land to the plaintiff. The plaintiff thus claimed right to occupy the land and filed the suit for declaration of possessory right and for permanent injunction.