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2004 Supreme(Mad) 238

A.KULASEKARAN
Ammani – Appellant
Versus
The Tiruchengode Municipality – Respondent


Advocates Appeared: For The Appellant:S. Kamadevan Advocate.

Judgment :-

The Plaintiff, who has lost before both the courts below is the appellant. The appellant filed the suit O.S. No. 550 of 1994 on the file of District Munsif Court, Tiruchengode for permanent injunction against the respondent herein, which was dismissed on 23-08-2002. The appellant has filed first appeal A.S. No. 361 of 2002 which was also dismissed on 18-02-2003, hence this second appeal.

2. It is the case of the appellant that she purchased the suit property namely house site under Ex.A2, sale deed dated 17-01-1994 and obtained Patta in her name from the revenue authorities. The sale deed was executed by power of attorney of one Paramasivam. Later, she has mortgaged the suit property with District Centre, Namakkal. The respondent/Municipality attempted to interfere with the peaceful possession and enjoyment of the appellant under the pretext that the said Paramasivam executed a settlement deed under Ex.A4 dated 05-10-1994 settling the suit property in favour of the respondent. It is canvassed by the appellant that the settlement deed was executed long after the sale deed was executed in her favour.

3. The contention of the respondent is that the said Paramasivam was owne



























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