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2006 Supreme(Mad) 1934

M.THANIKACHALAM
V. Kanniammal & Others – Appellant
Versus
Anjalakshiammal (Died) By LRs. & Others – Respondent


Appearing Advocates: For the Appellants:T.V. Krishnamachari, Advocate. For the Respondents:R1 & R4 to R12, S.V. Jayaraman, S.C., Messrs. G.S. Selvatharasu, Advocate.

Judgment :-

(Second Appeals preferred under Section 100 of the CPC as against the common judgment and decrees dated 27.1.1994 respectively rendered in A.S.Nos.4 of 1993 and 3 of 1993 by the Additional Subordinate Judge, Chengalpattu thereby reversing the common judgment and decrees dated 30.9.1992 respectively rendered in O.S.Nos.74 of 1986 and 73 of 1986 by the District Munsif, Chengalpattu.)

Common Judgment:

The third defendant in O.S.No.74 of 1986 and the defendants 3 to 8 in O.S.No.73 of 1986 on the file of the District Munsif, Chengalpattu, are the appellants.

2. The parties are referred to, as per their ranking in O.S.Nos.73 and 74 of 1986.

3. The first respondent in both the appeals has filed O.S.No.73 of 1986 for declaration, that she is in possession and enjoyment of the suit property, in part performance of the contract, to purchase the property, as per the agreement dated 25.7.1981 and therefore, her possession should be protected and in this view, she sought for permanent injunction also.

4. The defendants 1 and 2, by names Jayalakshmi and Jagannathan, are the admitted owners of the suit property. The plaintiff claims, in both the suits, that the power of attorney agent of










































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