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2005 Supreme(Mad) 1258

M.THANIKACHALAM
Rameeza Beevi & Others – Appellant
Versus
S. Mohammed Ibrahim – Respondent


Advocates Appeared:For the Petitioners:R.Govindarajan for Sarvabhauman Associates, Advocates. For the Respondent:M.R.Murugesan, Advocate.

Judgment :-

(Civil Revision Petition filed under Article 227 of the constitution of India praying to set aside the fair and decretal order dated 1.4.2004 made in I.A.No.936 of 2003 in O.S.No.244 of 1997 by the District Munsif, Manapparai.)

The plaintiffs are the revision petitioners.

2.The revision petitioners, claiming title to the suit property, seeking recovery of possession from the defendant, have filed the suit, alleging that the sale deed executed by the original owner of the suit property viz. Pakkir Mohammed, dated 16.6.1986, is not valid since the same was obtained by fraud, valuing the suit under Section 25-A of the Tamil Nadu Court Fees Act.

3.The defendant/respondent in this revision, admitting that the suit property originally belonged to the first plaintiff's husband, viz. Pakkir Mohammed, as his self acquired property, had opposed the suit, that by virtue of a registered sale deed, dated 16.6.1986, executed by the said Pakkir Mohammed the first plaintiff's husband, he became the absolute owner of the suit property, that the suit filed, without the prayer for cancellation of the said sale deed, is not maintainable and that the suit is barred by limitation, with among o














































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