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1997 Supreme(SC) 1204

SUJATA V.MANOHAR, S.B.MAJMUDAR
Indira – Appellant
Versus
Arumugam – Respondent


( 1 ) LEAVE granted.

( 2 ) WE have heard learned counsel for the respective parties finally in this appeal and accordingly the appeal is being disposed of on merits. This appeal is preferred by the original plaintiff challenging the judgment rendered by the High court of Judicature at Madras in Second Appeal No. 956 of 1983 whereby the learned Judge dismissed the second appeal and confirmed the decree of dismissal of suit as passed by the lower appellate court. At the time of admission of the second appeal the High court framed the following substantial question of law:

"whether in the light of Exs. A-3 and A-4 sale deeds and Exs. and A-10 lease deeds there is any legal or factual basis for negativing the claim of the plaintiff?"

( 3 ) WHILE discussing this substantial question of law, the learned Judge observed in paragraph 10 of the judgement as under:

"10. The learned Senior Counsel for the appellant repeatedly urged that the plaintiff is entitled to succeed on the basis of her purchase under Ex. A-2 and on the basis of the title acquired by Chinnakaruppan Chettiar under Exs. A-3 and A-4 though not on the basis of lease chits as the successor-in-interest of the lessor to get back a


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