A.KULASEKARAN
S. Murugesan – Appellant
Versus
V. Vijay Sai & Others – Respondent
(Prayer:- This Second Appeal is filed against the judgment and decree dated 24.2.2006 made in AS.No.238/2005 on the file of the Additional District and Sessions Judge (FTC III) Chennai, confirming the judgment and decree made in OS.No.10153/1996 dated 17.11.2003, on the file of the VIII Assistant Judge, City Civil Court, Chennai.)
1. The Plaintiff, who lost his case before both the courts below, is the appellant in this second appeal. For the purpose of convenience, the parties are arrayed as they were arrayed in the suit.
2. The Plaintiff filed the suit in OS.No.10153/1996 before the VIII Assistant Judge, City Civil Court, Chennai for recovery of a sum of Rs.1,38,141/- being the present cost of construction together with interest thereon at 24% p.a. and another sum of Rs.1,49,700/- being the advance amount together with interest thereon at 24% p.a. and for permanent injunction, restraining the Defendants from disturbing his possession and enjoyment of the I Floor and the terrace as well as all other common portions or amenities as enjoyed by the Plaintiff being part of the schedule mentioned property in any manner and the trial court decreed the suit that the Plaintiff i
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