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2005 Supreme(Mad) 1067

T.V.MASILAMANI
Savithiri Ammal – Appellant
Versus
Ilayaperumal & Another – Respondent


Advocates Appeared:For the Petitioner:Hema Sampath, Advocate. For the Respondents:K. Kannan, Advocate.

Judgment :-

(Second Appeal against the judgment and decree dated dated 29.10.1993 in A.S.No.178 of 1992 on the file of the Subordinate Judge, Cuddalore confirming the judgment and decree dated 16.3.1992 in O.S.No.679 of 1990 on the file of the Additional District Munsif, Cuddalore.)

The plaintiff in the suit, who lost before both the courts below, is the appellant.

2.The appellant filed the suit for declaration of title and recovery of possession of the suit property with mesne profits and the respondents resisted the suit on various grounds. The trial court having analysed the evidence both oral and documentary and upon hearing the arguments of both sides dismissed the suit with costs. Aggrieved by the said judgment and decree passed by the trial court, the plaintiff preferred the appeal before the Subordinate Judge, Cuddalore. The learned Subordinate Judge after perusing the recorded evidence and upon hearing the arguments of both sides rendered a concurrent finding by dismissing the appeal with costs. Hence, the Second Appeal.

3. The averments in the plaint filed by the appellant/plaintiff are briefly as follows:-

(a) One Ramar Padayachi had one daughter and three sons namely, Dhana








































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