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2005 Supreme(Mad) 1654

R.BANUMATHI
Shanmugam & Another – Appellant
Versus
Arumuga Pulavar (died) & Others – Respondent


Advocates Appeared: For the Appellant :S.V. Jayaraman, Senior Counsel for Paramasivam, Advocate. For the Respondent:A.R.M. Ramesh, Advocate.

Judgment :-

(Appeal filed against the Judgment and Decree of the Subordinate Judge, in A.S.No.8/1982 dated 30.07.1983 filed against the Judgment and Decree of the Principal District Munsif, Srivilliputhur, in O.S.No.526/1980 dated 23.12.1981.)

Plaintiff in O.S.No.526/1980 - the third Defendant in O.S.No.53/1983, is the Appellant. Earlier, by the Judgment dated 24.12.1977, both the second appeals were allowed holding that the Plaintiff is entitled to redeem the Othi and recover possession. As against the said Judgment, the unsuccessful first Defendant has preferred appeal before the Supreme Court in C.A.Nos.4440 and 4441 of 1999. Observing that the High Court has assumed jurisdiction under Section 100 CPC without framing a substantial question of law, the Supreme Court has set aside the Judgment of the High Court and remitted back the matter to the High Court for fresh disposal, in accordance with law. Accordingly, both the second appeals are before this Court for fresh consideration.

2.For convenience, the parties are referred to their original rank in O.S.No.526/1980. In O.S.No.526/2000, the Suit Property originally belonged to one Sadagopachariar. He Othied the Suit Property in fav




















































































































































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