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2019 Supreme(SC) 550

A.M.SAPRE, DINESH MAHESHWARI
Arulmighu Nellukadai Mariamman Tirukkoil – Appellant
Versus
Tamilarasi (Dead) By LRs. – Respondent


Advocates Appeared:
For the Appellant :Mr. V. Prabhakar, Advocate, Ms. Jyoti Parasher, Advocate, Mr. N.J. Ramchandar, Advocate and Mr. R. Chandrachud, Advocate
For the Respondent:Mrs. B. Sunita Rao, Advocate.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is filed against the final judgment and order dated 30.09.2011 passed by the High Court of Judicature at Madras in Second Appeal No.365 of 2009 whereby the High Court allowed the said second appeal filed by the original respondent herein and set aside the judgment and decree dated 08.12.2008 of the Subordinate Judge, Nagapattinam in A.S. No.30/2008 and dismissed the suit filed by the appellant herein.

3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short question.

4. This appeal is filed by the plaintiff, who succeeded in the Trial Court and the first Appellate Court but lost in second appeal filed by the defendant (original respondent herein) in the High Court.

5. The appellant (plaintiff) filed a civil suit against the original respondent (defendant) for her eviction from the suit property. The respondent contested the suit.

6. By Judgment and decree dated 11.10.2007, the District Munsif, Nagapattinam decreed the suit. The defendant (original respondent) felt aggrieved and filed first appeal (AS No. 30/2008) before the Subordinate Judge. By judgment and decree dated 08.12.2008, the f

































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